MICC_2015_105_SolidWasteBridge.pdf

MICC Control No. 2015-105 MICC-Ft Polk 15-0009

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

DESCRIPTION OF PROGRAM: Directorate of Public Works (DPW) – Solid Waste Management, Collection and Disposal Services

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302.1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $1.2M

Prepared by:

Name: Tamera S. Butler DSN: 863-2241 Title: Contract Specialist Date: 22 June 2015 Email: tamera.s.butler.civ@mail.mil

Procuring Contracting Officer:

Name: Magdaleno M. Guzman DSN: 863-0900 Title: Supervisory Contract Specialist Date: 22 June 2015 Email: magdaleno.m.guzman.civ@mail.mil

Technical/Requirements Representative:

Name: Greg Prudhomme DSN: 863-6186 Title: DPW, Chief Engineering Division Date: 22 June 2015 Email: gregory.a.prudhomme.civ@mail.mil

Management Representative:

Name: LTC Thomas D. Kelley DSN: 863-0904 Title: Director, MICC-Ft Polk Date: 22 June 2015 Email: Thomas.d.kelley2.mil@mail.mil

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

Local Small Business Specialist Name: Roselyn A. Atkins DSN: 863-2684

Signature:

Legal Counsel Name: Brent Durham DSN: 863-2459

Division Chief Name: Magdaleno M. Guzman DSN: 863-0900

Director Name: LTC Thomas D. Kelley DSN: 863-0904

Chief Attorney, 419th CSB Name: Scott L. Kilgore COMM: 910-643-9844

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Solid Waste Services

1. CONTRACTING AGENCY: MICC – Fort Polk, LA

2. DESCRIPTION OF ACTION:

Approval is requested for use of other than full and open competition to execute a Firm Fixed Price Requirements type bridge contract for the Solid Waste Management, Collection and Disposal Services contract with the incumbent, Red River Services Corporation for a 4 month period. The current services are provided under contract single award Requirements contract W911SE-09-D-0002 and will be the same services provided under this bridge. The contract for the new period of performance will use Fiscal Year (FY) 15 Operation and Maintenance, Army (OMA) funds.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The proposed action is Firm Fixed Price and will continue to provide Solid Waste Services for the Directorate of Public Works (DPW), Fort Polk, LA in support of the JRTC and Rotational units. The same services will be provided under this bridge contract to ensure continuity of services until the follow-on competitive action is completed.

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C 2304(c)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED:

The incumbent contractor, Red River Services Corporation is the only responsible source capable of meeting the Army’s requirements during the short interim period needed and any other alternative would create unacceptable delays in performing critical services for the Fort Polk DPW and JRTC and its rotational units. The contractor has been performing these Solid Waste Services in a satisfactory manner over the course of the existing contract. The proposed bridge is for the same services as the existing, expiring contract and only represents maintaining the status quo of services during this time of delayed re-procurement.

a. Background: Solid Waste Management, Collection and Disposal Services is a Common Level of Support. The current contract W911SE-09-D-0002 was competitively awarded to Red River Services Corporation in May of 2009 for a base year and four option years. In early 2013 the re-procurement action was assigned to MICC-Fort Drum. The Invitation for Bid was advertised on 17 April 2014. A GAO protest was received in May 2014. At that time, the contract was operating in the last 2 months of the fourth option year period. At the end of May 2014 an extension modification to the current contract was executed for the 6 month period

IAW FAR Clause 52.217-8, covering 01 July 2014 through 31 December 2014. The Solicitation Schedule and the performance work statement within the draft solicitation issued represented prototype templates drafted by the Installation Management Command (IMCOM) and intended for use at multiple Army installations. Unfortunately, some changes were surmised to be inconsistent with commercial solid waste management practices. Accordingly, the Contracting Officer took corrective action on the protest. Amendment 0006, issued by MICC Fort Drum, cancelled the solicitation and the Protestor provided notification of withdrawal of their protest in June 2014. During fiscal year 2014 end, September 2014, the re-procurement action transferred from MICC-Fort Drum to MICC-Fort Bragg. Concurrently, IMCOM and the MICC began a joint coordination effort to staff and review proposed standardized IMCOM requirement templates. In November 2014 a re-complete could not be accomplished before the existing contract expired and the decision was made to extend the current contract out to 30 June 2015. A sources sought was issued on 05 January 2015 and closed on 16 January 2015. On 24 March 2015 a pre-solicitation notice was issued followed by the Solicitation posting for Request for Proposal (W91247-15-R-0026) on 08 May 2015. Amendment 0001 to the solicitation was posted on 12 May 2015 after which a site visit was held at Fort Polk on 18 May 2015. After receipt of 103 questions from industry on 19 May 2015, it was realized that a re-compete could still not be accomplished before the existing contract new expiration date.

Amendment 0002 was issued on 21 May 2015 to extend the due date of offers indefinitely and to allow the Government time to answer the questions from industry. The following amendment will publish the Government’s responses and due date for offers. As a result, the re-procurement action by MICC-Fort Bragg is still ongoing and an award of a bridge contract maintaining the status quo for these services will be needed at Fort Polk, LA until a competitively awarded contract can be put in place.

b. Part of the management and collection is furnishing the containers (often referred to as dumpsters and roll-offs) the solid waste is collected in. In addition, providing sufficient manpower and vehicles to support both the garrison and the highly irregular schedule of the JRTC and rotational units.

c. The contract also provides for segregation of restricted materials (Class V items) from collected solid waste, including waste generated by Combat Training Center (CTC) Rotational Training Units (RTU) and local units training events. This segregation is done through personnel manually sorting and removing any restricted items (ammunitions, pyrotechnics, cartridges, replicated explosives etc.) from the waste. For this specialized waste stream the contractor provides all of the containers and equipment, such as trucks, to perform the services as required all of which must meet the American National Standard Institute safety standards. The Contractor’s workforce must possess the skills, knowledge and training to perform the services and, since personnel will potentially handle munitions and other kind of ordnances, they must be trained in the following: 1) environmental compliance; 2) hazardous materials operations; and 3) munitions and ordnance handling procedures prior to the performance of services.

d. Alternatives: There were several additional alternatives taken into consideration: using in-house sources, using a competitive contracting vehicle, and even foregoing the services.

• Use in–house personnel: Solid waste and disposal personnel must possess the required education, experience, equipment, and training in all critical aspects of performing the required Solid Waste Management, Collection and Disposal Services. The Ft Polk Department of Public Works does not have the necessary manpower nor the equipment required to perform all of the service requirements in a safe and effective manner. These services have historically been performed by contract and by contractor personnel. Without a current in-house capability, there is insufficient time to justify, recruit, hire and train new Government civilian personnel or to train Borrowed Military Manpower to meet this immediate need. The Government could rent trucks to collect trash. However, this trash would have to be sorted (as described above, this is an important task requiring trained personnel), weighed and then transferred to a licensed trash facility. Fort Polk currently has no Government personnel that do this work now nor are there excess personnel that can be reassigned to perform these duties. Therefore, this is not a viable option.

• Use of a competitive contracting action: As described above, the decision to award a bridge to the existing contract was made less than

1.5 months before the expiration period of the current contract extension which is 30 June 2015. There is insufficient time for developing, soliciting, evaluating, and awarding a competitive contract of this magnitude. The follow-on contract replacing this bridge contract will be awarded competitively by MICC-Fort Bragg. Even a limited competition for these services would incur a duplicative cost and manpower effort due to the ongoing re-procurement by MICC-Fort Bragg and fall severely short of the time deadlines for this action, in addition to impacting the larger re-compete. There would also be duplicative 45 day phase in costs of $100,000 or higher which would be avoided by keeping the status quo until the FBNC competitive action is concluded. Additionally, there is not a sufficient amount of time so that a new contractor can obtain and mobilize the proper equipment to perform, pursue and complete set up their operations at Fort Polk and hire trained personnel so that full performance can begin by 1 July 2015. In fact, the new contractor would have to already be well into its phase in now to be successful by 1 July 2015. This is not a viable option.

• Forego the Services: As stated above, this service supports the Solid

Waste requirements for the JRTC, RTUs and Fort Polk, LA. Solid Waste Management, Collection and Disposal services are crucial for the Fort Polk, in general, and JRTC in particular to continue to conduct their training mission successfully. An installation without Solid Waste Collection services would prove to be a health and safety issue very quickly, compromising all the personnel stationed on the post and those coming for training. If services were allowed to lapse or be suspended then the planned JRTC RTUs and local units training events would have to be cancelled until the Fort Polk new Solid Waste contract were awarded and a minimum of a 30 day phase-in had been completed.

Foregoing services would also seriously impact the ability of Fort Polk to provide mission essential training and negatively impact the support of other mission requirements.

e. Justification: The services being acquired under this proposed bridge contract provides essential, critical, necessary and vital services to the JRTC, RTUs and Fort Polk, LA. Other alternatives, such as using in-house personnel or doing a competitive contract action will not be timely alternatives and lead to failure of the installation DPW. As discussed above, award to another source would result in duplication of costs to complete the action. The magnitude and complexity of the services performed under this contract requires a minimum of a 30 day phase-in period. If awarded to another contractor, they would be required to mobilize all equipment and personnel to be able to begin full performance of the services. Duplicating phase-in costs would not be in the best interest of the Government. Foregoing services and allowing waste products to build up might be an extremely short term alternative- less than a week- and will not be a solution to the current situation. Lacking another alternative that can provide Solid Waste Services to the Fort Polk DPW and JRTC, the only viable, realistic alternative is to award a bridge contract for a 4 month period. This will allow for the additional time needed for the MICC-Fort Bragg re-procurement action to be awarded and will provide the longer term solution for these services required at Fort Polk.

f. Prior Acquisitions: Prior acquisitions have been processed through formal competitive procurement procedures to establish a Base Period of One Year with Four One Year Option Periods.

g. Impact: Without award of this additional bridge contract, an almost irreversible break in services would result in mission failure of the DPW to provide this Common Level of Support to JRTC and Fort Polk. The DPW and Fort Polk cannot perform their mission successfully. Soldiers could continue to train, however failing to remove and process waste would create Life, Safety, and Health issues throughout the Installation.

Insufficient processing of the restricted waste would also create a hazard to the local community. Fort Polk would also be in violation of the Resource Conservation and Recovery Act (RCRA), Federal, State, and local agency violations and fines up to $50,000 per day for the installation commander could occur. In addition, the JRTC rotations support the premier contingency response forces in the special operations community.

Support is literally a national security issue.

6. EFFORTS TO OBTAIN COMPETITION: See paragraph 7 & 8 below.

The projected milestones are as follows:

Issue Amendment 0003 24 Jun 2015 Request for Proposals Due Date 06 Jul 2015 Source Selection Evaluations 07 – 15 Jul 2015 Issue Evaluation Notices 31 Jul 2015 Receive Proposal Revisions 07 Aug 2015 Evaluate Proposal Revisions 10 – 12 Aug 2015 Issue Award 31 Aug 2015 Phase-In Period (45 days) 01 Sep – 15 Oct 2015 Full Performance Begins 16 Oct 2015

7. ACTIONS TO INCREASE COMPETITION: Based on the information provided in this J&A, competition for this bridge contract is not feasible. The actions being taken as part of the re-procurement of these services are focused on achieving both competition and improved small business participation. It is recommended and in the best interest of the Government to issue a bridge award. This will ensure the continuity of services until such time that the award of a new, enduring contract can be executed.

8. MARKET RESEARCH: Previously, MICC-Fort Drum had re-validated in May 2014 their Market Research that was originally done in May 2013. The results revealed that there are more than two small businesses capable to provide solid waste services IAW the NAICS code 562111, Solid Waste Management. With the NAICS code size standard increase from the previous contract action to $16.5 Million, previous vendors who were large businesses now qualify as small businesses. The current contractor is now classified as a small business. On 19 March 2015 MICC-Fort Bragg completed another market research report for the re-procurement. Small businesses could not react in such a short amount of time to establish their operations including bringing in vehicles, containers and personnel to support the requirement on the installation. While several companies appear capable, the solicitation has been publicized and an amendment has been issued to extend the closing date indefinitely while the Army finalizes responses to the industry questions submitted against the solicitation and effect any changes, as required.

Another amendment will be issued to publicize the questions and responses, incorporate any revised documents and set the final closing date of the solicitation.

9. INTERESTED SOURCES: A Sources Sought was issued on 18 November 2014 to gauge vendor’s interest and capability to perform this requirement with full performance beginning within approximately a 2 month period of time. Five vendors responded providing their capability statements and one vendor provided a voicemail message however their capability statement was not provided. The results of the sources sought solidifies and illustrates that there are interested vendors with the capabilities to provide the services needed if there were adequate time available for them to not only obtain all the required vehicles, containers, employees, but also to mobilize. The Army expects sufficient competition for the follow-on competitive award. No other sources have expressed an interest in writing.

10. OTHER FACTS:

a. Procurement History:

(1). W911SE-09-D-0002, Base and four one-year options

(2). W9124E-04-D-0001, Base and four one-year options

(3). DAKF24-98-C-0011, Base and four one-year options

b. Acquisition data availability: N/A

c. Unusual and compelling urgency: N/A

d. Subcontracting Competition: The current contract was awarded when Red River was classified as a Large Business and has performed satisfactorily. As noted above, they qualify as a small business for the follow-on award under the new NAICS definition.

Approval

Based on the foregoing justification, I hereby approve a new bridge contract award for the Solid Waste Services for the Directorate of Public Works (DPW), Fort Polk, LA in support of the JRTC and Rotational units for 4 months, estimated at $1.2M on an other than full and open competition basis pursuant to the authority of 10 USC 2304 (c)(1), as implemented by FAR 6.302-1, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Dean M Carsello Special Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX