Niagara (JA) FA6670-23-C-0001_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

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I. Agency and Contracting Activity.

914 MSG/PK

2720 Kirkbridge Dr., Niagara Falls, NY 14304

II. Nature and/or description of the action being approved.

The Niagara Falls Air Reserve Station (NFARS), NY, 914th Air Refueling Wing (914 ARW) Contracting Office, requests a twelve (12) month extension (a six (6) month option period, 1 Jun 2024 - 30 Nov 2024, and a six (6) month option period, 1 Dec 2024 - 31 May 2025) to the current Base Operations and Support (BOS) services contract FA6670-23- C-0001. This contract modification will add and exercise a new option period (Option II) with a period of performance (PoP) of 01 Jun 2024 to 30 Nov 2024, and a PoP for Option III of 01 Dec 2024 to 31 May 2025, if needed, utilizing the authority of FAR 52.217-9, Option to Extend the Term of the Contract, 52.243-1, Changes -Fixed-Price, and 52.243-2, Changes-Cost-Reimbursement.

The current contract is a sole source Firm-Fixed-Price (FFP) "bridge" contract with Labor Hour (LH) and Cost Reimbursement (CR) CLINs for Base Operations Support (BOS) Services at NFARS performed by contractor, Pegasus Support Services LLC, 100 Stoneforest Dr. Suite 100 Woodstock, Georgia 30189, CAGE Code 5LKZ4, Small Business.

The current contract FA6670-23-C-0001 has a twelve (12) month base PoP of 1 December 2022 to 30 November 2023 and a six (6) month option period, Option I with a PoP of 01 December 2023 to 31 May 2024. Option I has been exercised. The Government was unable to complete the competitive follow-on contract due prior to the Option I PoP end date because the contracting officer departed the position with little notice and the replacement contracting officer was on extended emergency leave.

This action is being conducted under FAR 6.302-1, Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements.

III. Description of supplies/services required to meet agency needs.

BOS are Mission Essential Services to support Niagara ARS, NY. More specifically the BOS Services will include all personnel, supervision, equipment, tools, material, test equipment, supplies and services necessary to accomplish the following functions:

(1) Materiel Management - providing Materiel Management flight services under the Logistics Readiness Squadron (LRS).

(2) Ground Transportation and Vehicle Management provides accountability management and maintenance services for the base vehicle fleet, selected registered and non-registered equipment and transient vehicles.

(3) Traffic Management Operations provides a full range of traffic management services for base organizations, to include day-to-day, exercise and contingency operations.

(4) Real Property Maintenance - provides preventive maintenance (PM) and corrective maintenance (CM) service calls for facility maintenance for all real property, and Real Property Installed Equipment (RPIE).

(5) Fuels Management - providing fuels management services to wing, tenant, and transient organizations, as defined by the Performance Work Statement (PWS). The BOS Services contract includes training for Niagara ARS Reservists.

Due to the mission essential nature of BOS services, these functions are critical, primarily because they must be performed seven (7) days a week, twenty-four (24) hours a day, under all circumstances. Failure to perform these services would result in an immediate and harmful impact to NARSs ability to function and perform its Department of Defense (DoD) vital mission and responsibilities.

The estimated cost for this bridge contract extension action is approximately and is detailed as follows:

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The Period of Performance for the Extension CLINs are Option II, six (6) months (1 June 2024 - 30 Nov 2024) and Option III, six (6) months (1 Dec 2024 - 31 May 2025).

Appropriated funding for the Extension CLINs are FY2024 Air Force Reserve Command Operations & Maintenance (3740).

Extension Period CLINs -

Option Period II CLINs IAW FAR 52.217-9, Option to Extend the Term of the Contract CLIN 2002: Base Supply, FFP CLIN 2003: Motor Vehicle Management, FFP CLIN 2004: Traffic Management Operations (TMO), FFP CLIN 2006: Recurring Real Property Maintenance (RPM), FFP CLIN 2007: Recurring Real Property Services (RPS), Pavement Clearance, FFP CLIN 2008: RPS, Pest Control, FFP CLIN 2009: RPS, Facility Management, FFP CLIN 2010: RPS, Grounds Maintenance, FFP CLIN 2011: Fuels Management, FFP CLIN 2014: RPM, Service Calls, LH, CR CLIN 2015: RPS, Pavement Clearance, LH, CR CLIN 2016: RPS, Pest Control, LH, CR CLIN 2017: RPS, Facility Management, LH, CR CLIN 2018: RPS, Grounds Maintenance, LH, CR CLIN 2025: Base Supply, Over and Above, LH CLIN 2026: Motor Vehicle Management, Over and Above, LH CLIN 2027: Traffic Management Operations, Over and Above, LH CLIN 2029: Fuels Management, Over and Above, LH CLIN 2032: Motor Vehicle Management Parts/Material, CR CLIN 2033: Natural Disaster Crisis/Terrorist Act, CR CLIN 2034: Travel, CR CLIN 2035: Data, CR

Option Period III CLINs IAW FAR 52.217-9, Option to Extend the Term of the Contract CLIN 3002: Base Supply, FFP CLIN 3003: Motor Vehicle Management, FFP CLIN 3004: Traffic Management Operations (TMO), FFP CLIN 3006: Recurring Real Property Maintenance (RPM), FFP CLIN 3007: Recurring Real Property Services (RPS), Pavement Clearance, FFP CLIN 3008: RPS, Pest Control, FFP CLIN 3009: RPS, Facility Management, FFP CLIN 3010: RPS, Grounds Maintenance, FFP CLIN 3011: Fuels Management, FFP CLIN 3014: RPM, Service Calls, LH, CR CLIN 3015: RPS, Pavement Clearance, LH, CR CLIN 3016: RPS, Pest Control, LH, CR CLIN 3017: RPS, Facility Management, LH, CR CLIN 3018: RPS, Grounds Maintenance, LH, CR CLIN 3025: Base Supply Over and Above, LH CLIN 3026: Motor Vehicle Management, Over and Above, LH CLIN 3027: Traffic Management Operations, Over and Above, LH CLIN 3029: Fuels Management, Over and Above, LH CLIN 3032: Motor Vehicle Management Parts/Material, CR CLIN 3033: Natural Disaster Crisis/Terrorist Act, CR CLIN 3034: Travel, CR CLIN 3035: Data, CR

The methodology used to calculate the total estimated value was based on current BOS contract expenses with a 2% inflation adjustment rate added to both Option Period CLINs.

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IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

IAW FAR 6.302-1 (a)(2)(iii) the services provided by the incumbent contractor, Pegasus, are highly specialized services based on the nature of BOS services. The NARS BOS services have been designated mission-essential functions IAW DFARS 252.237-7023, Continuation of Essential Contractor Services (DFARS clauses 252.237-7023 is cited in current contract FA6670-23-C-0001) as identified in Section III above.

NARS BOS services are mission-essential functions of a critical nature that must be performed seven (7) days a week / 24-hours a day, under all circumstances, in order for NARS to be able to function and perform its DoD mission and responsibilities. Failure to perform and sustain BOS services would significantly affect the DoD's / NARS's ability to provide vital services, and exercise authority, direction, and control. Because of the limited period of performance remaining on the current contract, retaining the existing contractor is in the best interest of the Government. Continued timely performance is required to prevent an unacceptable delay in fulfilling the agency's BOS services requirements. An unacceptable delay is defined as a break in mission critical/essential services if the current contract does not continue performance.

The incumbent contractor, Pegasus Support Services, is the only source that can provide the immediate capabilities necessary to meet all BOS service requirements. Pegasus has provided NFARS with BOS services for the past 11 years and has demonstrated financial stability and has resources in place at NARS. Pegasus can provide all supervision, management, personnel, equipment/ tools, and materials/supplies necessary to perform all PWS mission-essential functions, consisting of Materiel Management, Ground Transportation and Vehicle Management, Traffic Management Operations, Real Property Maintenance, and Fuels Management. With its in-place resources, Pegasus can seamlessly continue to provide mission-essential services that the DoD/NARS mission requires. Pegasus' BOS services experience at NARS gives it the unique operational knowledge of the services required to ensure no break in the provision of essential contractor services while the Government conducts a competitive procurement for the follow-on contract. Accordingly, Pegasus is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing unacceptable delays in fulfilling its requirements. The 914 MSG/PK has determined that award to any other source would result in unacceptable delays in fulfilling the agency's requirements.

Therefore, this acquisition will be a follow-on contract for the continued provision of highly specialized services.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A Sources Sought was accomplished as a part of the market research for the competitive follow-on contract. The Market Research Report is still applicable and is being used for the competitive follow-on contract.

This acquisition is a modification to award FA6670-23-C-0001. Based on the nature of the mission-essential services requirement and the short time until the expiration of the current contract on 31 May 2024 it is impracticable to solicit offers from sources other than the incumbent contractor.

IAW FAR 5.2, Synopsis of Proposed Contract Actions, a redacted notice of this J&A will be publicized on SAM.gov.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Based on certified cost or pricing data provided in the offeror's proposal and historical pricing data from the current contract, the Contracting Officer expects that she will be able to determine that the anticipated cost to the Government will be fair and reasonable.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was not conduct for this action due to the urgency of the BOS services requirement, this sole source bridge PoP extension is requested to provide the needed time to complete the solicitation for the follow-

August 2023 Page 5 of 5 on contract. Market research was completed for the pending 5 year follow on contract on 31 October 2022 and the Contracting Officer has determined that this market research is still relevant and accurate to utilize for the follow on contract.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

None.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section V above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The Air Force is currently in the pre-solicitation/solicitation phase for the follow-on contract at NARS. All barriers to competition have been removed from the acquisition strategy plan, as numerous Service-Disabled, Veteran-Owned Small Businesses have been identified as being capable of and interested in the upcoming RFP.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.