J A_-_12C02_Heston_Ext_-_redacted.pdf

Justification and Approval for Other Than Full and Open Competition Kuwait Excess Property Management

1. Identification of the agency and the contracting activity.

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-C-0002 for up to 6-months. Clause 52.217-8 is being incorporated into the contract. The IGE for this action is

Failure to extend this service under the below authority will lead to potential serious injury, financially impact the Government, and potential mission failure, as this would halt operations at Camp Arifjan.

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

Excess property management services at Camp Arifjan Kuwait.

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 excess property management services at Camp Arifjan Kuwait. The Camp Arifjan Disposition Services site provides critical support to DOD organizations operating throughout the CENTCOM area of Responsibility, as well as supporting USFOR-A retrograde operations as part of Operation Enduring Freedom (OEF). Under this requirement, the contractor provides personnel to complete a variety of tasks relating to the control and accountability of items from receiving property through reutilization, transfer, donation (RTD), or other disposal actions including DEMIL. The contractor performs demilitarization of surplus DoD property that results in the total destruction of property.

If this contract is not extended, the DLA Disposition Services site in Kuwait will fail to Warfighters across the CENTCOM AOR. There would insufficient personnel to operate the yard, gravely limiting all shipping, receiving, DEMIL, warehousing, and reutilization operations. Further, the risk of improperly processing controlled property would increase significantly, along with the risk of an unauthorized release of DOD property. There are currently DLA Disposition Services employees at Camp Arifjan and loss of contractor support would detrimentally impact operations to the point of mission failure.

Given the pressing operational climate in the CENTCOM AOR, and the need to process DOD equipment efficiently, and responsibly, failure to extend this contract would seriously jeopardize operational success and vital DLA support to our Warfighting customers.

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 Heston is being extended. This J&A will be publicly posted as required by regulation. A renewal contract is currently in process. The solicitation for the renewal contract was synopsized, and the solicitation was publicly posted on www.FBO.gov. Adequate competition has responded to the solicitation. This J&A is to extend the contract up to 6-months; the initial modification is only for 1-month. The renewal contract will be awarded and phased in as soon as possible.

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 prevent potential mission failure in Kuwait. 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 renewal contact for this requirement is in process. The solicitation was publicly posted to www.fbo.gov, adequate competition was achieved.

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 is currently in process. Adequate competition has responded to the solicitation.

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: ______________ ______________________________

LTC. Christopher Johnson

DSD

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

Approval

Based on the foregoing justification, I hereby approve the extension of services for Kuwait Excess Property Management 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: ______________ ______________________________

Brian Moravek Competition Advocate DLA Disposition Services

JOHNSON.CHRISTOPHE

R.RICHARD.1115173436

Digitally signed by

JOHNSON.CHRISTOPHER.RICHARD.1115173436

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSON.CHRISTOPHER.RICHARD.1115173436 Date: 2013.03.05 17:08:28 +03'00'

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: 2013.03.05 09:32:06 -05'00'

MORAVEK.BRIAN.

A.1230559461

Digitally signed by

MORAVEK.BRIAN.A.1230559461

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=DLA, cn=MORAVEK.BRIAN.A.1230559461 Date: 2013.03.08 11:28:08 -05'00'