Relyant_JA_signed_-_redacted.pdf

Justification and Approval for Other Than Full and Open Competition Extension of Contract SP4510-12-D-0003 for Equipment Maintenance and Repair to Support DLA

Disposition Services Operations is Afghanistan

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

DLA Disposition Services, J-72

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

DLA Disposition Services has an immediate need to extend contract SP4510-12-D-0003 for Material Handling Equipment (MHE) repair and maintenance in Afghanistan for up to 3-months. Failure to extend this service under the below authority will lead to potential serious injury, financially impact the Government, and lead to a potential mission failure, as this would limit operations in Afghanistan.

On February 12, 2015 DLA Disposition Services awarded contract SP4510-15-D-0002 to AFGS for MHE maintenance and repair in Afghanistan. This contract is a replacement to contract SP4510-12-D- 0003.

An up to 3-month extension to the current contract (SP4510-12-D-0003) is needed to continue the critical performance until the GAO protest is resolved. Once the protest is resolved the awardee of the new contract will commence work.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

MHE maintenance and repair in Afghanistan

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

10 USC 2304(c)(2), Unusual and Compelling Urgency as authorized by FAR 6.302-2.

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

10 U.S.C. 2304 (c)(2), as implemented by FAR parts 5.202 (a)(2) and 6.302-2 an unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government. (See 10 U.S.C. 2304(c) (2) or 41 U.S.C 253(c) (2).

The Government has an urgent and compelling need to extend MHE maintenance and repair services in Afghanistan. DLA Disposition Services provides critical support to DOD organizations operating throughout the CENTCOM area of Responsibility. DLA is responsible for excess property management including the control and accountability of items from receiving property through reutilization, transfer, donation, or other disposal actions including DEMIL.

Relyant has been performing MHE repair and maintenance services in Afghanistan for DLA Disposition Services for 3-year. They have the tools and equipment to perform the service currently on location, and is the only firm currently operating with the knowledge base to repair all DLA equipment under the contract. The equipment includes: plasma cutting units, generators, light sets, power washers, shedders, deformers, passenger vans, forklifts, scrap handlers, light and heavy lift equipment. No other firm could mobilize and arrive on site in the short amount of time available to maintain MHE maintenance operations. If a different firm could mobilize in time the price for that short term mobilization and performance would be far higher than maintaining Relyant’s continues performance.

DLA would also experience a serious financial impact from lost production and from an idled contracted workforce. DLA Disposition has approximately laborers working in Afghanistan under an excess property management contract (SP4510-13-D-0004). The workers under this contract use DLA MHE to perform the mission requirement. Nonfunctional MHE equipment could idle the workers leading to substantial costs incurred by DLA.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

Due to urgency the current contract with Relyant is being extended. This J&A will be publicly posted as required by regulation. A renewal requirement has already been solicited, competed and awarded.

Due to a GAO protest the performance on the newly awarded contract has been suspended. Relyant is the only firm currently on the ground that has the knowledge base to repair all DLA Disposition Services equipment. Once the GAO protest has been resolved an Awardee under the competed requirement will commence work.

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

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Per FAR 5.202-2, It is determined that a market survey is impractical, as it would not generate any additional sources capable of satisfying the requirements within the urgent timeframe required. As described above, this critical equipment is urgently needed to maintain DLA Disposition Services operations in Afghanistan and prevent potential mission failure if MHE equipment starts to breakdown.

Continues market research will be conducted for future support of contingency operations.

9. Any other facts:

N/A

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

A solicitation has already been publicly posted, competed, and awarded. This extension to the current performance is due to a GAO protest. Relyant is currently on the ground performing the requirement and is the only company that can perform this requirement under the urgent circumstances.

11. 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.

Due to the supreme urgency of this requirement, no action can be taken at this time to increase competition. A competitive replacement contract has already been awarded. Once the above stated GAO protest has been resolved the awardee will commence work.

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.

DATE: _____________ ______________________________

Don Phillips Chief, Contingency Plans and Expeditionary Operations

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. 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.

DATE: ______________ ______________________________

Matthew Wonch Contracting Officer

PHILLIPS.DONALD.V

ERNON.1036128948

Digitally signed by

PHILLIPS.DONALD.VERNON.1036128948

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=PHILLIPS.DONALD.VERNON.1036128948 Date: 2015.03.17 10:48:29 -04'00'

WONCH.MATTHE

W.N.1268800847

Digitally signed by

WONCH.MATTHEW.N.1268800847

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=WONCH.MATTHEW.N.1268800847 Date: 2015.03.19 07:03:04 -04'00' s9d3528 Line s9d3528 Line s9d3528 Line

Approval

Based on the foregoing justification, I hereby approve the extension of services for MHE maintenance and repair in Afghanistan on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304 (c)(2), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

DATE: ______________ ______________________________

Matthew Wonch Contracting Officer

WONCH.MATTHE

W.N.1268800847

Digitally signed by

WONCH.MATTHEW.N.1268800847

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=WONCH.MATTHEW.N.1268800847 Date: 2015.03.19 07:03:24 -04'00'