J&A_-_16M28_Gulf_ext_-_redacted.pdf

Justification and Approval for Other Than Full and Open Competition Extension of Services, SP4510-16-M-0028

1. Contracting Activity: DLA Disposition Services, J-763

2. Description of Action: DLA Disposition Services has an immediate need to extend contract SP4510- 16-M-0028 for 1-month. Clause 52.217-8 is currently in the contract and is being utilized.

Failure to extend the services under the below authority will lead to potential serious injury, financially impact the Government, and will greatly impact the DLA mission at Camp Arifjan.

The extension is necessary due to a GAO protest on the renewal contract (SP451019P0007) for this requirement. The GAO decision on the protest is due August 26, 2019. The current contract (SP451016M0028) expires June 30, 2019. Utilization of FAR 52.217-8 will allow for the continuation of this critical service until the GAO protest is resolved.

3. Description of Supplies / Services: Excess Property Management at Camp Arifjan Kuwait.

4. Authority Cited: 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 proposed contract modification will be issued pursuant to the authority of FAR 52.217-8, Option to Extend Services, which is included in the current contract.

The Government has an urgent and compelling need to extend the excess property management service at Camp Arifjan Kuwait. Excess property management is a critical service for daily DLA operations. The requirement includes 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. There are 35 workers under this contract performing the excess property management function. If the contract is not extend DLA would experience a serious financial impact from loss of production, mission failure, and the possibility of pilferage of sensitive government property.

Gulf Civilization has been performing excess property management in Afghanistan for DLA Disposition Services for approximately 6-years. They are the only firm currently operating at this DLA operating location with the knowledge and trained personnel to perform the excess property management function.

If the current contract is not extended the Government would be severely injured as the ability to meet mission requirements would be impacted, the impact could lead to mission failure. Without personnel to perform the excess property management function, the yard utilization rate could reach maximum and the site would no longer be able to receive property. In this scenario, even if yard capacity is not reached there is the potential for significant property backlog to accumulate, leaving property unidentified and off-record, resulting in a greater likelihood that pilferable and sensitive property would be unsecured. Property in backlog would not be available for screening and potential reutilization back to the Military Services, impacting Kuwait operations by requiring the Military Services to procure property, involving long lead times to get property, to say nothing of the dollars spent unnecessarily. DLA Disposition Services Kuwait would not be able to continue to support Kuwait operations at this current level.

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 publized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.: It is not practical, nor in the Government’s best interest, to competitively award a bridge contract for the interim period between the end of the current contract and the resolution of a GAO protest. The competitive process does not allow sufficient time to acquire services for the interim period. Clause 52.217-8 was included in the contact. The current contract was deemed fair and reasonable prior to award.

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

8. Market Research: 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 requirement is urgently needed to prevent potential mission failure in Kuwait.

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 has been awarded. A GAO post-award protest is preventing the phase in of the new contractor. Once the protest has been resolved a renewal contract will take effect.

11. Actions Being Taken to Overcome Barriers to Competition: A competitive replacement contract has been and awarded. The new contractor will start performance once a GAO protest has been resolved.

12. Other Facts: N/A

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 procurement of a FAR 52.217-8 extension of 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:

Matthew Wonch Contracting Officer

WONCH.MATT

HEW.N.126880

Digitally signed by

WONCH.MATTHEW.N.126

8800847 Date: 2019.06.18 09:44:08 -04'00'

WONCH.MATTH

EW.N.12688008

Digitally signed by

WONCH.MATTHEW.N.1268

800847 Date: 2019.06.18 09:44:40 -04'00'