JA_EAS-M_FAR_Part_6_Final__-_Posted.pdf

Version – November 2015

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Maintenance and logistical service support to the 405th Army Field Support Brigade (AFSB) in support of the Department of Defense (DoD) European Reassurance Initiative (ERI), Headquarters Department of the Army (HQDA) owned European Activity Set (EAS), Army Prepositioned Stock-2 (APS-2) equipment at Coleman Work Station (CWS).

Authority:

10 U.S.C. 2304(c)(1) and (d)(1)(B) as implemented by FAR Part 6.302-1 Only One Responsible Source.

Prepared by: Brittany Henry Contract Specialist Email: brittany.l.henry.civ@mail.mil

Contracting Officer: Latosha McCoy Contracting Officer Email: latosha.v.mccoy.civ@mail.mil

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Contractor: PAE Supply/Service: EAS-M

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Department of Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army, 409th Contracting Squadron Brigade, Theater Contracting Center (TCC), Unit 23152 APO, AE 09227-3156.

2. Description of Action: 405th Army Field Support Brigade (AFSB) requests a modification to contract W564KV-15-D-0005 with PAE (CAGE CA583; Mannheimer Strasse, Panzer Kaserne, Kaiserslautern, 67657) to execute the option to extend services in accordance with 52.217-8 for a hybrid contract with firm-fixed-price , time-and-materials ), and labor hour ) CLINs. The current period of performance expires on 19 March 2016 and the Government anticipates execution for this modification by 18 February 2016. Fiscal year 2016 Operations and Maintenance funds will be used. The Acting Principle Assistant Responsible for Contracting, approved an acquisition strategy in accordance with DFARS 207.103(d)(i)(B) on 19 March 2015.

3. Description of Supplies/Services: This is an extension of services modification, therefore all services required in the basic contract will be required for an additional period of time until the new contract is awarded. All services required in the basic contract are detailed below.

a.

b. The maintenance and logistical services procured through this contract will support a U.S. Army, Armored Brigade Combat Team (ABCT), Sustainment Brigade (SB), and Division Headquarters set of tactical equipment to include Family of tracked and wheeled vehicles, Self-Propelled, Armored Mortar Carriers, Howitzers, Armored Personnel Carriers, Armored Command Posts, various trucks w/ trailer, engineering equipment, communications equipment, power generation systems, the associated component end items, sensitive items, secondary items, MHE, COMSEC but not limited to, SINCGARs, BFT, DAGR, DUKEs, MBITR, HARRIS, MTS, Long-Range Advance Surveillance System (LRAS) and Night Vision Devices. AND COEI Weapons. In total, this contract will facilitate the maintenance, logistical support, and, as needed, transportation for over 9,500 pieces of military equipment. The Contractor will be responsible to utilize Government provided Modified Table of Organization and Equipment (MTOE), Equipment Density List Requests (EDLR), and sourcing plans to configure major

Version – November 2015 end items, secondary items, Authorized Stockage List (ASL), Prescribed Load List (PLL), Unit Basic Load (UBL), and Command Control Communications, Computer Intelligence, Surveillance and Reconnaissance (C4ISR) into company level configured loads and convoy the unit set to the staging area.

c. The contract will procure the maintenance and logistical support services necessary to synchronize, coordinate, and sustain the EAS-Mannheim.

Maintenance support includes 10/20 level equipment services and repairs IAW the respective equipment Technical Manuals, Technical Bulletins, Modification Work Orders, and other references as applicable; performing maintenance and service scheduling, and production control on all commodities. It also entails conducting Army Oil Analysis Program (AOAP) sampling in accordance with the guidelines set forth by DA PAM 750-8, TB 43-0211, AR 750-1, and USAREUR supplement 1 to AR 750-1.

d. Other services to be fulfilled by this contract action are the management of a materiel maintenance supply operation facility, wholesale and retail supply operations, receipt of CL I, II, III (P), IV, VII, and IX materiel IAW procedures outlined in AR 725-50, DoD 4500.9R and all applicable regulations, perform Care of Supplies in Storage (COSIS) for assets stored on site, perform preservation, packing, crating (PP&C) and labeling to store CL I, II, III (P), IV, VII and IX materiel, assist Surface Deployment and Distribution Command (SDDC) with upload operations, prepare equipment to support ERI related exercises on a Europe-wide basis which requires the maintenance-preparation, transportation, and where necessary, railhead on/off ramp operation to deploy the EAS to any location within the NATO area of operation within 72-hours notice.

e. With regard to the EAS, the contractor is anticipated to be in control of the equipment for 6 months out of a calendar year, during which time, all annual maintenance, inventory, location survey, shelf-life management, inspection, preservation, and “care of supplies in storage” (COSIS) procedures must be conducted. The services portfolio group is Service, Equipment Related Services;

Product Service Code (PSC) is J099, Maintenance/ Repair/ Rebuild of Equipment- Miscellaneous; North American Industry Classification System (NAICS) is 561210, Facilities Support Services.

f.

g. Period of Performance Basic Contract 20 Mar 2015 to 19 Mar 2016 Period of Performance (with extension of services) 20 Mar 2015 to 19 Sept 2016

4. Authority Cited:

10 U.S.C. 2304(c)(1) and (d)(1)(B), as implemented by FAR 6.302-1(a)(2) Only One Responsible Source.

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5. Reason for Authority Cited: The EAS-Mannheim (EAS-M) requirement has only one responsible source and no other services will satisfy agency requirements, which precludes acquiring the needed services through the use of full and open or limited source competition. The follow-on contract (APS-2 EAS EAGLE) is in process with an anticipated with full capabilities beginning due to time for transition and potential protests. The current EAS-M contract expires 19 March 2016, leaving a gap in performance. There is a continuing Government need for these services and if there were to be a break in performance it may result in serious injury to the U.S. Government and its NATO allies. It is in the best interest of the Government to execute the extension of services option on the current EAS-M contract to cover the short gap in performance until the new contract can be awarded.

a. In accordance with FAR 6.302-1(a)(2)(iii) – For DoD…services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in –(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B)).

The minimum needs of the Government are to support the ERI initiatives through EAS sites located throughout Europe. This need is expected to continue many years into the future and will require contracted services. The current period of performance goes through March of 2015 and the extension of services option will get us to the EAGLE contract.

b. Alternatives:

1) Execute a full and open or limited sources competition. This option is impractical and redundant because a full and open competition has already been solicited through the EAGLE procurement which will be awarded within a reasonable amount of time for the TCC to utilize. The amount of time it would take for TCC to do another acquisition for the same services would be a waste of Government resources.

2) Award a sole source contract. This option is impractical because in the amount of time it would take to issue a sole source contract, the competed contract (EAGLE) would be awarded and we would have two awarded contracts that overlap for the same requirement

3) Issue an order against a pre-existing multiple award contract vehicle. The Army’s market research did not identify an existing vehicle that could provide the required services. The EAGLE contract is a BOA that would be suitable, but is not yet awarded. There is not a suitable GSA schedule contract for these services currently.

Space and Naval War Systems Command (SPAWAR) does not currently have a contract in place for these services. Also, NATO ACSA is not a viable solution because the services can be provided by an American company. LOGCAP cannot be utilized because the requirement is not in a contingency environment.

4) Utilize organic Army assets.

5) Forego services. This is not an option based on the required support of

6) Execute the 52.217-8 Extension of Services option in the EAS-M contract. This is the best option available as it will allow for a short period of performance to eliminate a gap in services until the competed action (EAGLE) is awarded.

7)

8) The requirement is for a contract extension with the incumbent and it would be neither cost effective nor realistic to expect another Contractor to perform during the brief interim . There is an extensive amount of equipment and transition costs that would be required to transfer the requirement to another contractor including training on various Government systems. In the amount of time it would take to get another contractor on board, the EAGLE contract would be awarded, thus negating our efforts.

6. Efforts to Obtain Competition: There is no need to post a solicitation for bids due to the option to extend services in accordance with 52.217-8. This effort will be synopsized on or about 4 February 2016 and it will be posted for 5 days on FBO.gov. Efforts to obtain competition have been accomplished in the EAGLE re-acquisition. The J&A will also be posted after award on FBO.gov for 30 days.

7. Actions to Increase Competition: No steps are being taken to seek competition because a competitive acquisition is ongoing for these services and will be awarded within a reasonable period of time. The extension of services option is meant to bridge the gap based on a delay in the award of a follow on services contract in accordance with FAR 37.111. It would not be feasible to duplicate these procurement efforts to obtain another contract for the same services .

8. Market Research: Market research was conducted in the original procurement for the EAS-M contract, which was done within the past 12 months. On 24 February 2015, the Army posted a sources sought notice which described the EAS-Mannheim requirement and requested capability statements from interested vendors. Additionally, to improve the relevancy of the capability statements, the notice included specific questions for the vendors to answer and three attachments. The attachments included a draft PWS, a list of equipment, and potential labor categories. There were two amendments to the sources sought notice. The first, added a NAICS, clarified it was a new requirement, and extended the response time. The second notice informed vendors the requirement would be needed sooner than originally anticipated, there would be a phased approach, and the requirement was no longer being competed because due to the urgent and compelling need and there would be a follow on competitive acquisition. Six firms

Version – November 2015 responded to the notice by providing capability statements. Subject matter experts were also consulted. Multiple award contracting vehicles were also researched/reviewed but would not be able to meet the requirement at the time of the initial EAS-M award. The other firms that responded to the sources sought notice stated they would not be able to meet the requirements of such an expedited nature.

9. Interested Sources: The following companies responded to the sources sought posted for the basic contract:

10. Other Facts:

a. Procurement History

Basic Contract:

Contractor: PAE Award Date: 20 March 2015 Competitive Status: Sole Source Authority: FAR 6.302-1(a)(2)(iii)

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.

Date: _ ______

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: _ ____ ___ _

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13. 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.

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

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Digitally signed by MCCOY.LATOSHA.V.1115197947

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Approval Based on the foregoing justification, I hereby approve the procurement of EAS- Mannheim Logistics and Maintenance Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) and (d)(1)(B), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.