J ACustodialBridge.pdf

th

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 1

J&A for Sole Source Template – FAR Part 13.5

Justification Review Document for Sole Source (FAR 13.5 Test Program)

Program/Equipment: USAG-Kaiserslautern community, “Custodial Services”.

Authority: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of

1996 as implemented by FAR 13.5.

Amount: $ 434,792.16

Prepared by:

Typed Name: SSG John Wysocki

DSN: 314-483-5163

Title: Contracting Specialist

Date: 25 February 2014

E-mail: john.j.wysocki.mil@mail.mil

Contracting Officer:

Typed Name: Donna Kabatek

DSN: 314-483-5148

Title: Contracting Officer

E-mail: donna.m.kabatek.civ@mail.mil

Technical Representative:

Typed Name: Jurgen Seeberger

DSN: 314-493-4756

Title: Contracting Officer Representative

E-mail: heinzjuergen.seeberger.ln@mail.mil

Requirements Representative: “PLEASE SEE TECHNICAL REPRESENTATIVE” Typed Name:

DSN:

Title:

Date:

E-mail:

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 2

Reviews: I have reviewed this Justification and find it adequate to support sole source.

Program Manager:

Typed Name: Heinz Juergen Seeberger

DSN: 314-493-4756

Signature: ____________________ Date: 12 March 2014

Legal Counsel:

Typed Name: Marjorie R. Simon-Meinefeld

DSN: 314-483-5160

Signature: ____________________ Date: ____________________

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 3

JUSTIFICATION AND APPROVAL FOR SOLE SOURCE (FAR 13.5 Test Program)

Original

Amendment

Amendment Number

Original estimated total contract value $

New total estimated contract value (if amended) $

1. Contracting Activity: The United States Army, 409

Contracting Support Brigade (CSB)

RCO Benelux

RCO Bavaria Bamberg (sub-office) Ansbach (sub-office)

Stuttgart (sub-office)

RCO Wiesbaden

Theater Contracting Center (TCC)

2. Description of Action:

A. Requirement:

New Requirement

Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

For modifications or follow-on requirements:

i. The contract was originally awarded: Competitively Sole Source

ii. The contract number is: W564KV-12-D-0003

iii. The total value of the contract: $5,291,362.00

B. Type of Contract/Pricing Arrangement:

Firm-Fixed-Price (FFP) Time-and-Materials (T&M)/Labor-Hour

Hybrid, explain: Firm-Fixed-Price contract with one T&M CLIN for Material/Supplies

Other:

C. Type of Funds:

FY 14 Operations and Maintenance, Army (OMA) FY_____ Other Procurement, Army (OPA) FY_____ Construction Other Funds:

D. Name of Proposed Contractor: STANDARD GEBAUDEREINIGUNG JACOBS GMBH

Street Address: SAARGEMUNDER STR. 73

City, State, Zip: 66130 SAARBRUCKEN, GERMANY

Phone: 0681-98566623

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 4

J&A for Sole Source Template – FAR Part 13.5

3. Description of Supplies/Services:

Custodial Services are provided at the USAG Rheinland-Pfalz, Kaiserslautern in ten geographically separate locations from Pirmasens throughout the Kaiserslautern area. Services include 4 (four) Child

Development Centers, Commanding Officers Headquarters, HQ IMCOM-E Headquarters, Gymnasiums, Community Activity and MWR buildings, Chapels, and High-Use/Admin Buildings. Work includes daily cleaning of offices, community areas, restrooms as well as periodic services, such as window cleaning and floor maintenance.

Actions with Options:

Base Period: 1 APR 2014 to 31 MAY 2014 or completion date Value: $ 289,861.44

Option Period 1: 1 JUN 2014 to 31 JUN 2014 or completion date Value: $ 144,930.72

52.217-8 option: 1 JUL 2014 to 31 DEC 2014 or completion date Value: $ 869,584.32

Total: $ 1,304,376.48

4. Authority Cited: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen

Act of 1996 as implemented by FAR 13.5, for the purposes of: unusual and compelling urgency exclusive licensing agreements industrial mobilization other:

only one responsible source (FAR 6.302-1)

5. Reason for Authority Cited:

Currently, Standard Gebaudereinigung Jacobs GMBH (henceforth referred to as Standard-Jacobs) is the existing on-site custodial services contractor supporting the USAG-Kaiserslautern community. These services encompass several key functional tasks and essential support for the community and other public works services, such as daily cleaning of offices, restrooms and periodic services to include window cleaning and floor maintenance. Standard-Jacobs has the immediate capability to provide the full range of custodial services required to be performed. Only the incumbent, Standard-Jacobs, currently has knowledge of the full scope of the requirement to perform the effort without a break in service while the follow-on contract is fully competed and awarded. This requirement encompasses the entire

Kaiserslautern area in ten separate locations. Additionally, due to the magnitude and various locations requiring custodial services, the mobilization time for a new vendor to put a supply chain in place would most certainly cause an extended break in service. The expectation another company would want to invest the time and resources to put in place an operation that can support an undertaking this size, for so short a period, is not realistic.

Utilizing the existing contractor would offset costs associated with procuring another company to perform these services. Standard-Jacobs has personnel on site, trained and in place, to perform these services for an additional three month period.

Custodial Services are provided at various locations throughout the USAG Rheinland-Pfalz, Kaiserslautern footprint. The Government does not have the manpower and equipment resources in place to handle these services internally. A short term contract by functional areas to bridge the performance period would require prospective contractors to recruit the required personnel to fulfill the customer’s requirement and would create additional costs that the short period of performance will not offset. The time associated with putting in place an additional contract is estimated at 3 months and includes a

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 5

J&A for Sole Source Template – FAR Part 13.5 reasonable phase in period of 2 weeks to ensure smooth transition and before a contractor would be performing at full capacity.

6. Efforts to Obtain Competition:

A competitive source selection is currently underway for the follow-on contract, with an estimated solicitation issue date of 27 March 2014. The bridge contract will allow mission operations to remain unaffected providing uninterrupted custodial services at key facilities throughout the garrison and will afford TCC the time necessary to adequately procure via full and open competition. A draft PWS was posted to ASFI and many potential offerors have shown an interest in the requirement.

Synopsized on 26 November 2014 or is planned to be synopsized on/around , and any bids or proposals received shall be considered.

Exception to synopsis applies in accordance with FAR:

5.202(a)(1) Synopsis cannot be worded to preclude disclosure of agency’s needs and disclosure would compromise national security .

5.202(a)(2) Contract action made under conditions described in 6.302-2 and the

Government would be seriously injured if it complied with the time periods specified in 5.203.

5.202(a)(3) Contract action is one for which written direction from a foreign government reimbursing the agency for costs of the acquisition must be made to a specified source, or is made under the terms of an international agreement or treaty.

5.202(a)(4) Expressly authorized or required by statute to be made through another

Government agency.

5.202(a)(5) Utility services and only one source is available (other than telecommunications).

5.202(a)(6) Contract action is placed using FAR 16.5

5.202(a)(7) Contract action is the result of a proposal accepted under the Small

Business Innovation Development Act of 1982 (SBIR Program).

5.202(a)(8) Contract action is the result of accepting an unsolicited research proposal with a unique and innovative concept that if solicited would disclose the originality of innovativeness or would disclose proprietary information associated with the proposal.

5.202(a)(9) Contract action if for perishable subsistence supplies and advance notice is not appropriate or reasonable.

5.202(a)(10) Contract action is made under conditions described in 6.302-3, or

6.302-5 with regard to brand name commercial items for authorized resale, or 6.302-

7, and advance notice is not appropriate or reasonable.

5.202(a)(11) Contract action is made under terms of an existing contract previously synopsized in sufficient detail to comply with requirements of 5.207.

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 6

J&A for Sole Source Template – FAR Part 13.5

5.202(a)(12) Contract action is by a Defense agency and will be made and performed

OCONUS and only local sources will be solicited. Does not apply to actions covered by the World Trade Organization Government Procurement Agreement

(WTOGPA) or Free Trade Agreement (FTA) (see FAR 25.4).

5.202(a)(13) Contract action is expected not to exceed the SAT, will be made through the GPE, and permits the public to respond electronically.

5.202(a)(14) Contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in a current or anticipated litigation or dispute.

5.202(b) Head of the Agency has determined in writing that advance notice is not appropriate or reasonable.

7. Market Research:

Market research reveals that commercial sources are available for the anticipated follow-on contract. On 29 and 30 January 2014, TCC conducted a pre-proposal conference and site visit and four prospective offerors attended. The bridge contract was discussed and it was determined that bringing in a new contractor would cause an interruption of services and is not a realistic option for a custodial contract of this magnitude.

The following contractors expressed interest in the competitive contract as result of

Government’s market research: See Paragraph 8 below.

8. Interested Sources:

STANDARD GEBAUDEREINIGUNG JACOBS GMBH

PIEPENBROCK GOVERNMENT SERVICES GMBH

GEG GEBAUDEDIENSTE GMBH

VENTAS SERVICES GMBH

9. Actions to Increase Competition:

TCC is currently finalizing a competitive solicitation with an anticipated release date of 27

March 2014 and award to be made in mid June 2014. The contract team has performed market research and identified numerous potential sources for the competitive action. A pre-proposal conference was held on 29 and 30 January 2014, four potential offerors participated. Over this two day period the interested vendors were given an opportunity to provide input regarding the

PWS and to see the full breadth of the requirement. Questions asked and answers provided helped to better define the requirement and were posted on FedBizOpps through ASFI.

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 7

10. Other Facts:

The proposed source for this award is Standard-Jacobs which was awarded the current contract, W564KV-12-D-0003, on 15 March 2012. The current contract is an Indefinite Delivery, Indefinite Quantity contract consisting of a twelve month period of performance, with one option period that is set to expire on 31 March 2014. This J&A will allow for a two month bridge contract with a one month option period, accommodating the additional time required to re-compete the USAG Rheinland-Pfalz custodial solicitation due to the many changes to the supporting documents as we better defined the requirement.

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 8

11. 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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Typed Name: Jurgen Seeberger

Date: 12 MARCH 2014

Title: Contracting Officer Representative

Signature: see signature above on page 2

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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Typed Name: “SEE ABOVE”

Date:

Title:

Signature: _____________________________________________________________________

13. Fair and Reasonable Cost/Price Determination:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis IGCE other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I also certify that this Justification is accurate and complete to the best of my knowledge and belief.

Title: Contracting Officer

Signature: ________________

CSB Acquisition Instruction Control No:T-14-J-014

6 December 2013

Annex 409-AI-A-00-01, Templates 9

Approval

Based on the foregoing Justification, I hereby approve the procurement of USAG-Kaiserslautern community custodial services on an other than full and open competition basis pursuant to the authority of the Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of

1996 as implemented by FAR 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Title: Contracting Officer

Signature: