Poland BOS JA 24-10 Exception to Fair Opportunity.pdf

Justification for an Exception to Fair Opportunity J&A 24-10

SOURCE SELECTION INFORMATIO

October 2023

1. AGENCY AND CONTRACTING ACTIVITY: This is a Justification for an Exception to Fair Opportunity. The requiring activity is the Naval Support Facility (NSF), Redzikowo; the contracting activity is the Naval Facilities Engineering Systems Command (NAVFAC) Europe Africa Central (EURAFCENT), Naples, Italy.

2. DESCRIPTION OF CONTRACT ACTION:

New Requirement Follow-on Order

Existing Order Number:

Order against: Multiple Award ID/IQ Contract Number:

N6274224D3505

Pricing Firm-Fixed Price Time & Materials Cost Type

Funds: Fiscal Year 24 & 25, Operation and Maintenance Funds, Navy

Other Funds:

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES:

The proposed acquisition is for continued Base Operation Support (BOS) services at NSF Redzikowo, Poland. Kellogg Brown & Root Services, Inc. (KBR) currently provides services under task order N3319118F4417 issued under the Global Contingency Services Multiple Award Contract (GCSMAC II) N62742-16-D-3551. The task order was awarded on 28 September 2018 with a service start date of 01 December 2018 and end date of 31 August 2024, including all options and two (2) subsequent bridge actions. Due to the September 2024 expiration of the GCSMAC II and planned February 2025 award of the follow-on procurement, the proposed action will be issued under the new Global Contingency Services Multiple Award Contract

(GCSCMAC III) N6274224D3505.

KBR provides all operationally essential labor, supervision, management, tools, materials, equipment, facilities, transportation and other items necessary to provide critical BOS services for the NSF located at Redzikowo, Poland in support of the Aegis Ashore Ballistic Missile Defense mission at NSF Redzikowo, Poland. This mission provides critical support to the defense of the United States and NATO partner nations. BOS services include: General Management & Administration Services, Command/Admin Support, Force Protection, Fire & Emergency Services, Material Management Services, Supply Services, Galley Services, Unaccompanied Housing, Facility Investment, Custodial Services, Pest Control Services, Integrated Solid Waste Management, Grounds Maintenance and Landscaping, Pavement Clearance, Utilities (Electrical, Wastewater and Water), Base Support Vehicles and Equipment, and Environmental Services.

The total estimated annual value for this action is

The period of performance includes a five (5) month base period and two (2) three (3) month optional periods:

4. AUTHORITY AND DEMONSTRATION THAT NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED: The statutory authority is 10 U.S.C.

3406c, as implemented by FAR 16.505(b)(2). The Contracting Officer shall give every awardee a fair opopportunity to be considered for a delivery/task order exceeding micro-purchase threshold, unless one for the following statutory exceptions applies:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

The order-must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order[FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase-be made from a specified source [FAR 16.505(b)(2)(i)(E)]

Rationale/explanation to support cited authority:

This bridge action is for a complex Cost-Plus-Award-Fee (CPAF) task order to continue comprehensive BOS services at NSF Redzikowo. Task order N331918F4417 was competed follow-on Global Contingency Services Multiple Award Contract (GCSMAC III) was awarded to KBR on 04 April 2024, Contract Number N6274224D3505. The follow-on procurement to replace the existing BOS task order will be awarded by NAVFAC Atlantic (LANT), but award is not anticipated to occur until the first quarter of fiscal year 2025.

The current geopolitical climate in Eastern Europe with Russia's invasion of Ukraine and the ongoing attacks on civilian targets necessitates a no-risk option for assuring there are no gaps in BOS services as the Navy fully deploys our capability to defend NATO member countries and

US interests from ballistic missile attacks. As such, an additional bridge action is needed to avoid a gap in BOS services between the end of the current BOS task order on 31 August 2024 and the start of the follow-on contract, which is estimated to begin in February 2025.

A gap in BOS Services for NSF Redzikowo will diminish the installation's capability to meet its Aegis Ashore mission requirements to protect U.S. Forces and our NATO allies. NSF Redzikowo is strategically positioned to support troop movements, provide missile defense across Europe, and to provide a persistent and enduring capability that transcends geographic boundaries and the domains of land, sea, air, and space. With the ongoing war in Ukraine, and defend the United States and its NATO Allies from potential ballistic missile threats.

Given the time frame for which continued services are needed until the follow-on procurement is awarded, competing the requirement amongst MAC holders would introduce unnecessary risk to the continuity of base operations. Any MAC holder other than the incumbent would require a significant transition period in order to perform the services at an acceptable level. There is not sufficient time to compete an interim task order among the MAC awardees, which would reasonably take at least 90 days to develop and issue a Request for Proposal, receive and evaluate proposals, obtain funding and execute an award. Additionally, a minimum 60 day transition period would be required to avoid any risk to the mission.

Furthermore, requiring competition among the contract holders would be uneconomical and an inefficient use of Government resources for such a short contract period as the Government is simultaneously in the process of awarding a replacement contract. Also, there would likely be little interest amongst MAC holders in competing for a contract with such a short period of performance given the effort required to mobilize forces to Poland and the cost of developing a proposal.

Continued services provided by the incumbent represents a logical follow-on to the current BOS task order, since KBR would be performing the same services at the same site. As KBR is successfully performing on-site, there would be no risk of a gap or a failure to provide services due to access restrictions and transitioning to a new contractor. Due to the September 2024 expiration of the GCSMAC II and planned February 2025 award of the follow-on procurement, the proposed action will be issued under the new Global Contingency Services Multiple Award Contract (GCSCMAC III) N6274224D3505. In the event of unforeseen procurement delays or protest, this request includes two (2) three (3) month option periods, which would not be possible if awarded under the expiring GSCMAC II.

5. FAIR AND REASONABLE COST DETERMINATION:

The Contracting Officer will determine, using the procedures in FAR 15.404-1, that the order represents the best value to meet the Government's needs. Additionally, certified cost or pricing data will be required in accordance with FAR 15.403-4.

6. ANY OTHER FACT SUPPORTING THE JUSTIFICATION:

This effort is required due to a change in the procurement strategy of the follow-on contract.

Specifically, NAVFAC LANT was facilitating the solicitation of a follow-on CPAF contract, but changed the strategy from cost-reimbursement to firm-fixed-price. To accommodate this change in procurement strategy, LANT will require additional time to develop a FFP Performance Work Statement, solicit, review, and evaluate proposals, make award on a new FFP contract and allow time for the new contractor to phase in.

7. ACTIONS TO INCREASE COMPETITION:

The NSF Redzikowo BOS follow-on procurement is expected to be awarded December 2024, as proposals are being evaluated currently. This procurement was solicited under an unrestricted basis under full and open competition. This bridge request was anticipated in the Justification for the previous bridge (ref. J&A-2316) as NAVFAC LANT has projected award of the follow-on procurement in the first quarter of fiscal year 2025. LANT will continue to take all reasonable measures to proceed with award of the follow-on contract as expeditiously as possible to prevent any additional bridge contract actions. There are currently no further actions required to remove barriers to future competition.