RMSS_III_-_J&A_-_4_-_22May2018_-_OPE-Final_Extension.docx

05-22-2018

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Office of Acquisition Management is requesting a second extension of services for this acquisition of urgent renovation services in the International Zone and the repair of the Jefferson and other buildings in Kabul, Afghanistan for the Bureau of International Narcotics and Law Enforcement Affairs, office of Afghanistan and Pakistan Affairs (INL/AP). This J&A is requesting an extension in time of six additional months beyond the current period of performance. This extension will also raise the overall cost of this requirement by two million dollars.

The overall estimated value of this requirement will change from $12 million to $14 million.

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

The Bureau of International Narcotics and Law Enforcement Affairs, Afghanistan and Pakistan (INL/AP) request an extension of six additional months to complete work essential to consolidating their contractor staff in the International Zone (IZ) of Kabul. INL U.S citizens and Third Country National (TCN) contract staff are currently living and working in two separate compounds within the IZ (Jefferson and Ramirez), although until May 2, Jefferson had only housed critical security and life support staff necessary to keep it secured and to complete ongoing repairs, renovation and construction activities. INL Kabul intends to consolidate its U.S and Third Country National (TCN) contract staff into the Jefferson Compound, which is within the IZ, and which requires enlarging the compound to a size sufficient to house all U.S. and TCN personnel. This plan will significantly improve the safety and security of U.S and TCN employees by eliminating the many vehicle movements between compounds through dangerous areas and reducing IZ operational costs by 47 percent, from $57 million to $30 million per year. The plan will also reduce the gross number of contract U.S. and TCN staff by approximately 49 percent in security staff and 25 percent in Operations & Maintenance (O&M) staff.

This requirement was awarded as a sole source letter contract and was definitized thereafter for an estimated value of 12 million. Between 9 December 2016 and the time of the bombing, which took place 31 May 2017, 38 percent of the repairs were performed under the RMSS III contract as well as an Engineering Study which identified the requirements needed by the contractor to move forward.

A bombing that occurred on 31 May 2017 damaged several buildings but caused the most damage to the Jefferson Compound where approximately 53 percent of the U.S and TCN contract staff were housed. This bombing event halted INL’s planned property construction to expand the Jefferson building and forced INL to revise its priorities and timelines for construction of new buildings in the IZ and undergo needed structural repairs that were not anticipated prior to the insurgent bombing.

In the wake of the attack, Embassy Kabul’s previous Ambassador and Regional Security Office (RSO) instructed INL to relocate the U.S./TCN contract personnel (except critical security and life support personnel) from the Jefferson building. The security review and the necessary repairs due to the 31 May 2017 bomb caused a delay in the progression of the original required work under this contract in the initial scheduled period of performance. Over the months that followed the bombing, the Embassy and Resolute Support (the NATO presence) have helped the Afghan government put in place improved security measures to significantly reduce the risks within the IZ of another large vehicle-borne improvised explosive device (VBIED) attack like that of 31 May 2017. Given these improvements, the Ambassador approved INL to revert to its pre-bombing plan for consolidation of all U.S./TCN contract staff to Jefferson and to close Ramirez as a U.S./TCN compound. Moreover, the Ambassador has indicated that the U.S. Embassy will not have sufficient space to continue to house INL U.S./TCN contract staff (approximately 40) beyond the end of calendar year 2018, which makes on-time (by mid-January 2019) completion of the RMSS-III critical. Given the sequencing of the construction, it is believed that sufficient billeting can be provided (perhaps doubling up some intended singles or by hot-bunking for shift workers or for folks on leave) for the time between end of December 2018 and final acceptance of all RMSS-III work in mid-January. Therefore, INL is requesting an immediate extension in time of six additional months in order to complete this effort by mid-January 2019. To date, approximately 38% of the original work has been completed, since the May 31, 2017 bombing, leaving 62% of the work yet to be accomplished.

Based on the contractor’s (PAE’s) schedule INL anticipates that 40% of the work will be completed by the end of the current period of performance on 17 July 2018, leaving 60% of the work uncompleted. Work on several buildings (4-7, 9 and 14) are on hold pending the extension to the current period of performance. Repairs to Area 1 is approximately 60% complete, repairs to building 2 are approximately 45% complete; repairs to building 5 is approximately 15% complete; building 8 is also approximately 15% complete; repairs to building 10 is approximately 10% complete; building 3 is 25% complete. Building 6 was recently completed and is listed at 100% complete. However, the several projects in various stages of incompletion leaves the Contractor unable move to forward with the construction timetable because the time needed to complete the work currently exceeds the present period of performance.

1. A description of the supplies or services required to meet the Department’s needs.

In order to complete this requirement, INL/AP is requesting additional time to repair and renovate the Jefferson building and new construction in the IZ in order to relocate the aforementioned INL Foreign Assistance programs and International contract implementers from the current locations outside the IZ onto the secure and more cost effective location.

1. An identification of the statutory authority permitting other than full and open competition.

This Justification and Approval seeks approval based on the statutory authority of 41 U.S.C 3304(a)(2), and based on regulatory authority sited under Federal Acquisition Regulation (FAR) Part 6.302-2, Unusual and Compelling Urgency.

1. A demonstration that the proposed contractor’s unique qualification or the nature of the acquisition requires use of the authority cited.

Pacific Architects and Engineers (PAE) was awarded this contract as a sole source, urgent requirement and has been the INL prime contractor providing operations and maintenance support working in the IZ and is the contractor performing the current renovations and new construction work.

PAE has developed the rapport with the various Afghanistan security forces deployed around the perimeter of the IZ required for continuous access of materials into the IZ properties during this type of renovation and construction buildout. Since the bombing, the Kabul International Zone (IZ) has had significant new security procedures implemented that complicate coordinating construction work in the IZ. Given that PAE has been in Kabul doing the construction work during this period, they have the experience, clearances and contacts to perform the contract requirements in this constrained environment and have mobilized the additional staff needed to complete the follow-on tasks under this contract. By the end of the current PoP of July 17, 2018, PAE will have completed 40 percent of the renovation and construction of the Jefferson Compound. The timeline for 100 percent completion of the total requirement is by January 17, 2019. This timeline does not afford INL the ability to open source this contract due to the time a new company would require for mobilization, hiring of new personnel, sourcing and vetting Afghan vendors and building of relationships with the Afghan security force.

1. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The program office considered other in-country contractors to support this effort. PAE is the vendor who was awarded the letter contract and has helped INL/AP develop an acceptable statement of work, has awarded sub-contract agreements and has liaise with security sub-contractors that are already vetted and are providing the needed support to this effort.

1. A determination by the Contracting officer that the anticipated cost to the Government will be fair and reasonable.

Per the previous approved J&A, cost was evaluated, approved and determined fair and reasonable for a maximum value of 12 million. INL anticipates that the cost of the project will increase an additional two million dollars raising the threshold to 14 million. The increase in funds is predicated on the fact that monies that were already set aside for this requirement will be used to affect repairs to the Jefferson compound that resulted from the May 31, 2017 bombing, which in turn is the cause of the shortage in funding. (Refer to paragraph 2) Setbacks and delays outside of the Contractor’s control have interrupted the estimated flow of the scheduled production and caused unforeseen expenditures and as such additional funding will be required for this additional work and time.

This estimated value of this overall requirement is determined to be fair and reasonable.

1. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Due to the urgent need to provide more appropriate security for the staff working in Kabul, and the fact that PAE helped to define this requirement and has begun the work, it would not be in the best interest of the Government to change contractors. There has been no additional market research conducted. This request is for an extension of time required to complete work under the current contract. Timelines also prevent the opportunity to compete this requirement. The incumbent contractor and INL/AP staff has defined this requirement and its timelines and is capable of completing the remaining deliverables by the requested extension of the period of performance.

1. Any other facts supporting the use of other than full and open competition.

The timeline to mobilize a new company would delay delivery of this requirement and further jeopardize the safety of personnel. The continuous security deterioration in Kabul compels INL to take all possible steps to reduce risk to lives consistent with executing its mission in Afghanistan.

1. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None

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

INL and AQM will continue to perform market research and find ways of including the measurement of PAE’s sub-contractors success and other interested parties in an effort to expand the pool of qualified vendors capable of performing these services in Afghanistan. This J&A for other than full and open competition will be published in FEDBIZOpps in accordance with FAR Section 6.305 within 30 days of contract award.