Sole Source JA for BMC Extension Mar - Jun 2025 v02272025 SCA Signed.pdf

(CUI)

Control No. 25-0020

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: 607th Materiel Maintenance Squadron (MMS) Base Maintenance Contract (BMC) Services for COBs Daegu, Gimhae, Gwangju, Cheongju and Suwon.

Authority: 41 United States Code (U.S.C.) § 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items

Amount: $3,912,230.68

Prepared by:

Typed Name: Ms. Nancy Segarra DSN: 315-757-6015

Title: Contract Specialist Date: 5 Feb 2025

E-mail: nancy.segarra2.civ@army.mil

Contracting Officer:

Typed Name: Mr. Anthony S. Mosley, CPCM DSN: 315-757-6006

Date Reviewed: 5 Feb 2025 E-Mail: Anthony.s.mosley.civ@army.mil

Technical Representative:

Typed Name: MSgt Stephen Strand DSN: 315-766-4391

Title: Contracting Officer Representative Date: 5 Feb 2025

Requirements Representative:

Typed Name: Maj Timothy T. Kim DSN: 315-766-4985

Title: Base Civil Engineer Date: 5 Feb 2025 mailto:nancy.segarra2.civ@army.mil mailto:Anthony.s.mosley.civ@army.mil

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: _ DSN:

Signature: Date:

Command Advocate for Competition

Typed Name: M r . Sung J. Park DSN: 315-755-3300

Signature: ________________________________ Date:

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 411th Contracting Support Brigade, Regional Contracting Office -Osan, Bldg. 600, Rm 204, Unit 2309, APO AP 96278-2309

2. Description of Action: 607th Material Maintenance Squadron (MMS) requests a subsequent sole source follow-on for contract W90VN6-25-P-A001 which was a sole-source extension to contract W90VN6-24-D-0003 (Firm Fixed Price / Requirements type contract) to Global Systemized Industry (GSI.) This contract is funded with Logistics Cost Sharing (LCS) funds. The period of performance for the extension is 1 Mar – 30 Jun 2025.

3. Description of Supplies/Services: Non-personal services to maintain infrastructure, materiel and assets across four co-located operating bases at Daegu, Gimhae, Gwangju and Suwon, allowing the 607th Material Maintenance Squadron to ensures the readiness of outside units needing critical support during readiness and bed-down support.

Amount: $3,912,230.68

4. Authority Cited: 41 U.S.C. § 1901 – Simplified Acquisition Procedures

5. Reason for Authority Cited:

(a) The original follow-on packet was transferred from RCO-Kunsan to RCO-Osan on 13 Dec 2023. Upon receipt, RCO-Osan began coordination and document review with all stakeholders, which lasted until April 2024. The packet was to replace the Logistics Cost Sharing (LCS) funded contract No. W91QVN-19-D-0004 set to expire on 15 May 2024. Subsequently, a 4-month O&M funded Bridge contract was awarded to fill the gap between the expired LCS and follow-on contract W90VN6-24- D-0003 which expired on 30 Sep 2024. A subsequent LCS funded bridge contract W90VN6-25-P- A001 was awarded while the solicitation W90VN6-24-R-A001 and source selection proceeded for the competed contract action (see para. b below for timeline.) This contract will expire on 28 Feb 2025.

(b) The 411th Contracting Support Brigade (CSB) issued a Procurement Administrative Lead Times (PALT) Notice to the requiring activity on 18 Dec 2023 outlining the brigade’s procurement plan. The plan established milestones to mark the estimated completion of major deliverables. In addition, the plan allotted 210 days to award a new contract (from start to finish), whereas USFK Regulation 715-2 mandates a minimum of only 180 days. The requested extra time is needed because of the rewrite of various portions of the PWS, and coordination time forecasted by the BDE Property Administrator to account for all government furnished property items at the various locations. The intent was to fast track the process, however after posting the actual RFP on SAM.GOV. The contracting officer received 94 questions which also needed to be addressed prior to the closing date. The current RFP No. W90VN6-24-R-A001 closed on 7 Oct 2024 and based on the source selection timeline. The intent was to have the new award sent to ROK-MND for final approval on or about the middle of Nov, so that the Phase-In could start on 1 Jan 2025 as projected; however, during the source selection, a GAO protest was submitted by a contractor who had been excluded in the early stages of source selection. The GAO protest was finally dismissed on 24 Jan 2025 and the USG is continuing the source selection process starting at the establishment of the competitive range.

(c) The continuation of services directly impacts another company (PAE Korea) which presently performs scheduled and unscheduled maintenance, servicing of equipment, trouble shooting, repair, and reconstitution of War Reserve Material, Peacetime Operating Stock, and in- use assets throughout the 90 buildings spread across each location. The company also performs vehicle maintenance, cargo processing, packaging, preservation and supply functions related to WRM and in-use assets.

If this contract is allowed to expire, the aforementioned bases will suffer major degradation of mission capabilities, including but not limited to: loss of potable water, loss of maintained high voltage power, loss of emergency engineering response, loss of facility wartime activation capabilities, and loss of fuel storage maintenance.

Additionally, these outages will impact the readiness of not only the United States Air Force mission at these locations, but also the United States Army Air Defense Artillery, the Republic of Korea Air Force Mission and will result in stop work orders to other contractors performing critical service support on the named installations. The following options for service continuation have been considered:

Option 1: Perform the services internally at each location. This course of action is not viable due to the agency lacking sufficient organic assets to perform the level of services that are required daily to maintain multi-million dollars’ worth of equipment at five (5) collocated Air Bases without hindering the original mission of supporting the Korean Peninsula.

Option 2: Have the contracting office issue a short-term contract award. This course of action is not viable due to the time required to go through the various phases of an award process with an estimated dollar value of $4M. Even if the award could be accomplished, a greater challenge would be for another company to vet qualified employees, acquire equipment, reach agreement with the labor union and gain full access to the various locations, which doesn’t happen until background checks have been accomplished by the Security Forces. The background check process has a normal time of 45 days maximum.

Option 3: Award a Sole Source to the incumbent (GSI), which has a stable workforce, vetted employees, access to the bases, possess the technical knowledge to continue performance of maintaining the systems and plant operations while the agency focuses on its core mission until a new award can be accomplished by the contracting team.

Given all the above information, the USG selects option 3 for service continuation. The current contract for the BMC services is covered under contract W90VN6-25-P-A001, which is funded through 28 Feb 2025 utilizing LCS funds. This contract was awarded as a sole source bridge under authorities 41 U.S.C. § 1901 – Simplified Acquisition Procedures. The J&A (control number 24-152) was verbally approved then later signed on 18 Sep 2024.

6. Efforts to Obtain Competition: Currently, the government is not seeking any additional competition for this requirement. The Sole Source is being executed due to a GAO protest towards its existing solicitation and every effort is being made to award based on the existing proposals.

7. Actions to Increase Competition: See paragraph 6. The current solicitation, which was protested, resulted in the receipt of ten (10) proposals. Under normal circumstances, adequate competition exists for this type of requirement.

8. Market Research: Market research, in accordance with FAR Sub Part 10, was conducted by synopsis of the proposed action, advising industry, and soliciting information from interested parties.

9. Interested Sources: See paragraph 6 and 7.

10. Other Facts: n/a

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: MSgt Stephen Strand Title: Contracting Officer Representative

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Maj Timothy T. Kim Title: Base Civil Engineer

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. A price analysis was conducted using the comparison of the current contract pricing. It is anticipated there will be a slight increase in pricing due to recent changes to Korean Labor Laws. The equivalent US Dollar equivalent is anticipated to be slightly less due to the new Budgetary Exchange Rates being used.

Certified cost and pricing date is not required due to the following exemption: acquisition for commercial services.

Typed Name: Mr. Anthony S. Mosley, CPCM Title: Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Mr. Anthony S. Mosley, CPCM Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Base Maintenance Services in the estimated amount of $3,912,230.68 on another than full and open competition basis pursuant to the authority of 41 USC 1901 as implemented by FAR Sub Part 13.501 Only one responsible source and no other supplies or services will satisfy agency requirements, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Signature: ___________________________ Date:

Typed Name: Mr. Sung J. Park Title: Special Competition Advocate

Date_5: