A02 - FAR_Part_16_JEFO_25-031 LOGCAP V for Army Birthday Parade_Redacted.pdf

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Control No: 25-031

Contractor: KBR Services, LLC Service: LOGCAP V Support, Army Birthday Parade Route Mitigation and Repair

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Department of the Army Justification for Exception to Fair Opportunity

Under Multiple Award Indefinite Delivery Contracts

Contracting Activity: U.S. Army Contracting Command – Rock Island (ACC-RI), Rock Island Arsenal, Rock Island, IL 61299-8000.

Description of Action: The U.S. Corps. of Engineers (USACE) requested a cost plus fixed fee contract action under Logistics Civil Augmentation Program (LOGCAP) contract W52P1J-19-D-0044, task order W52P1J-19-F-0395 with KBR Services, LLC (KBR). KBR is providing LOGCAP support related to the U.S. Army’s 250th Birthday Parade. Specifically, the Contractor has conducted a route assessment and is engaging in damage mitigation and post-event repair activities. This support pertains to the parade route from the North Pentagon Parking Lot to 14th Street along Congress Avenue in the National Capital Region (NCR). This is a post award Justification for Exception to Fair Opportunity (JEFO) for the LOGCAP support described above and in the following paragraphs. Prior to the Notice to Proceed (NTP) discussed herein the JEFO approval authority concurred with (a) the use of Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(A) and (b) formally approved this JEFO after NTP effort.

The LOGCAP Program Management Office requested ACC-RI issue a NTP to support the Army’s 250th Birthday Parade on due to USACE’s urgent and compelling need for LOGCAP support. The NTP was issued against LOGCAP V Indefinite-Delivery/Indefinite-Quantity (IDIQ) multiple task order award contract W52P1J-19-D-0044. It was placed on the Setting the Theater (STT) Task Order W52P1J-19-F-0395 to KBR for administrative convenience. ACC-RI formally implemented this requirement via Undefinitized Contract Action (UCA) #25-031 on

. USACE provided Fiscal Year Operations and Maintenance, Army funds to support this effort.

An Acquisition Plan is not required in accordance with (IAW) Defense Federal Acquisition Regulation Supplement 207.103(e) because this acquisition is included in the Principal Assistant Responsible for Contracting approved LOGCAP V program level Acquisition Plan, dated 18 December 2017. The LOGCAP V Acquisition Plan approved the use of Multiple Award IDIQs with regionally aligned Setting the Theater (STT) task orders to satisfy the guaranteed minimum. Initial service performance task orders were awarded to the regionally aligned contractor. New requirements within a theater are competed unless a JEFO approval is obtained. IAW the LOGCAP V Acquisition Strategy, Business Arrangement, requirements approved under a JEFO are sourced to the regionally aligned contractor.

Contractor: KBR Services, LLC Service: LOGCAP V Support, Army Birthday Parade Route Mitigation and Repair

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On 12 April 2019, the four LOGCAP V base IDIQ contracts and multiple task orders were awarded. This included a task order award to KBR for the United States Northern Command (USNORTHCOM) STT activities, which includes crisis action planning and emerging requirements. KBR was the only contractor to receive a LOGCAP V task order in the USNORTHCOM region. Under the STT task order, the regional LOGCAP contractor conducts pre-activation planning, including efforts prior to LOGCAP being authorized to perform services, to shorten response time and establish the conditions for successful execution of future operations. Pre-activation planning includes developing an in-depth knowledge of the area of operations, a robust vendor base with possible sub-contractors, and an in-depth understanding of the geo-political environment in order to function in a multitude of possible scenarios. As stated above, KBR is the regionally aligned contractor for USNORTHCOM and is the only LOGCAP V contractor currently providing LOGCAP support in the USNORTHCOM area of responsibility. As such, the actions described above supporting the Army’s 250th Birthday Parade were awarded to KBR on a sole source basis due to USACE’s urgent and compelling need for LOGCAP support. Providing fair opportunity amongst all LOGCAP V IDIQ contract holders would have resulted in unacceptable delays to this critical requirement, which is further explained in paragraph 5 below.

3. Description of Supplies/Services: LOGCAP was established to provide critical base life support and augment the force by providing a wide spectrum of services to Combatant Commanders and Army Service Component Commanders worldwide.

LOGCAP services include, but are not limited to, the following:

Camp Construction Various Health and Medical Services Facilities Management Hazardous Material/Hazardous Waste Management Vector & Pest Management Services Laundry Service Operations Food Service Operations Morale, Welfare, and Recreation Power Generation Water Production Billeting Waste and Sewage Management Material Handling Equipment Operations Maintenance Transportation Motor Pool Operations Shuttle Bus Service Class III Retail Operations Fire Fighting Services and Fire Protection

Contractor: KBR Services, LLC Service: LOGCAP V Support, Army Birthday Parade Route Mitigation and Repair

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Oxygen Generation Operation and Maintenance Project Planning Government Provided Automation Systems Government Support Services Mortuary Affairs Corps Logistics Services Support Material Yard Gravel Trans Load Corps Logistics Services Support Distribution Center Central Issue Facility Self Service Supply Center Class II Bulk Fuel Operations Class V Operations Class VIII Medical Supply Support Activity Class IX (Air) Supply Support Activity Field Maintenance Theater Transportation Mission Airfield Operations and Management Services Theater Transportation Recovery Operations Theater Movement Control Container and Cargo Management Convoy Support Center Defense Logistics Agency Contingency Support Retrograde Procurement and Supply management Repair Roads, Railways, or Parking Lots Agricultural Cleaning in Support of Retrograde Operations Redeployment Staging Base Operations

The Technical Data Package (TDP) for this UCA activates the following services:

Program Management Office Project Planning Procurement and Supply Management Operational Support Office (OSO) Repair Roads, Railways, or Parking Lots

Under Repair Roads, Railways, or Parking Lots, the following Workload Drivers are activated:

Contractor: KBR Services, LLC Service: LOGCAP V Support, Army Birthday Parade Route Mitigation and Repair

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Site Photographic Records – Provide pre-work photographic and/or video records of the entire proposed parade route for tracked vehicles in accordance with (IAW) the Statement of Objectives (SOO) and Site Drawings.

Asphalt Crack Repair – Repair cracks IAW the SOO and Site Drawings embedded in the Tech A.2. There is no current workload assigned to this service.

Workload will be directed by the PCO as it is identified by the Requiring Activity New Asphalt Pavement – Place, spread and compact new asphalt pavement IAW the SOO and Site Drawings embedded in the Tech A.2. There is currently no workload assigned to this service. Workload will be directed by the PCO as it is identified by the Requiring Activity Temporary Steel Sheeting – Place temporary steel sheeting IAW the attached SOO, drawings and aerial photographs.

Anchors – Install anchors to secure to steel sheeting to the existing pavement IAW the SOO and Site Drawings embedded in Tech A.2.

Pavement Markings – Provide new permanent pavement markings at repaired crosswalk section(s) IAW the SOO and Site Drawings embedded in the Tech A.2.

There is currently no workload assigned to this service. Workload will be directed by the PCO as it is identified by the Requiring Activity.

Traffic Control – Provide traffic control measures IAW the SOO and Site Drawings embedded in the Tech A.2.

As stated above, the USACE requested LOGCAP services in support of the Army 250th Birthday Parade. Also stated above, the UCA award currently includes 5 activated services for the anticipated location of the Army 250th Birthday Parade route. The UCA action period of performance is from and does not include an option provision. The cumulative price ceiling of this JEFO is based on Rough Order of Magnitude (ROM) titled, ROM – Army Birthday Parade created by ASC Program Management Office.

4. Authority Cited: FAR 16.505(b)(2)(i)(A). The agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Reason for Authority Cited: Title 10, United States Code (U.S.C.) 3406, “Task and delivery order contracts: orders” and FAR 16.505 “Ordering” require generally that when multiple task or delivery order contracts are awarded, all awardees shall be provided a fair opportunity to be considered for each task or delivery order that is to be issued. 10 U.S.C. 3406(c)(1), and FAR 16.505(b)(2)(i)(A) provide an exception to the fair opportunity process when the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

On April 30, 2025, Headquarters, Department of the Army (HQDA) published Executive Order (EXORD) 205-25 titled HQDA EXORD 205-25 ISO The 250th Army Birthday

Contractor: KBR Services, LLC Service: LOGCAP V Support, Army Birthday Parade Route Mitigation and Repair

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9. 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.

10. 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.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. A technical evaluation and cost analysis will be conducted on the proposal. Certified cost and price data will be required.

Date: ____________________ ____________________________ Alissa S. Rohm Contracting Officer

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

Date: ____________________ ____________________________ Alissa S. Rohm Contracting Officer

ROHM.ALISSA.

S.1385613802

Digitally signed by

ROHM.ALISSA.S.1385613802

Date: 2025.06.26 09:08:30 -05'00'

ROHM.ALISSA.

S.1385613802

Digitally signed by

ROHM.ALISSA.S.1385613802

Date: 2025.06.26 09:08:56 -05'00'6/26/25

6/26/25