JA_custodail_services_rev4_24_AUG_16Final_(2).pdf

Control No: 2016-002

Justification Review Document for Other Than Full and Open Competition

Project: Custodial and Grounds Maintenance Services for BAF and other Various Locations

Authority: 10 U.S.C. 2304 (c) (2), and FAR 6.302-2, “Unusual and Compelling Urgency”.

Amount: $149,228.68

Prepared by: Cherita Williams

DSN: 312-265-6706

Title: Contract Specialist

E-mail: Cherita.L.Williams2@usace.army.mil

Contracting Officer: LTC Dachelle Banks

DSN: 312-265-3854

Date Reviewed: 24 August 2016

E-Mail: Dachelle D. Banks@usace.army.mil

Requirements Representative: Charlie Riley

DSN: 312-265-3336

Date Reviewed: _________________

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

Contracting Officer Representative: Charlie Riley

DSN: 312-265-3336

Signature: ____________________________________ Date: ______________________

THIS DOCUMENT IS LEGALLY SUFFCIENT

District Counsel: Tristan Brown

DSN: 312-265-2747

Signature: ____________________________________ Date: ______________________

G3OC9TSB

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G3OC9TSB

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31 AUG 2016

Control No: 2016-002

1. CONTRACTING ACTIVITY:

U.S. Army Corps of Engineers, Transatlantic Afghanistan District (TAA), Bagram, APO AE

09354

2. DESCRIPTION OF ACTION:

This justification and approval is for a sole-source bridge contract for continued Custodial and

Grounds Maintenance for the TAA at various FOBs throughout Afghanistan. This will bridge the time between the end of the current contract throughout the remainder of the time necessary to procure a new contract using competitive procedures. The purchase order this is bridging was awarded on 29 September 2015, in the amount of $111,875.93. The period of performance for

W5J9JE-15-P-0024 for the base period was from 29 September 2015 through 28 February 2016.

This contract was the reprocurement of contract W5J9JE-15-P-0016, which was terminated for cause. At the end of the performance period, the Government required continued performance of the contract under FAR Clause 52.217-8 “Option to Extend Services” to extend performance for a total of six months. This extended the period of performance from 29 February 2016 through

27 August 2016. The period of performance under this Bridge Purchase Order will run from 28

August 2016 through 27 February 2017.

This J&A Approves a bridge contract for six (6) months to allow the time necessary to procure another competitive follow-on contract vehicle.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF SERVICES:

The Contractor service is required to provide custodial and grounds maintenance services to include cleaning restrooms, empty trash, sweep and mop all floors, glass cleaning, sweep and remove debris in and around the outside buildings at various U.S. Army Corps of Engineers

Transatlantic Afghanistan offices, including Bagram Air Field, Marmal, Kabul Area Office

(KAO), and Qargha. The total value of the bridge contract is $149,228.68.

4. AUTHORITY CITED:

10 U.S.C. §2304(c)(2) and 41 U.S.C. §253(c)(2), as implemented by FAR 6.302-2 “Unusual and

Compelling Urgency”.

5. REASON FOR AUTHORITY CITED:

As described at FAR 6.302-2(d) when the agency’s need for supplies or services is of such an unusual and compelling urgency that the Government will be seriously injured unless the agency is permitted to limit the number or sources from which it solicits bids or proposals, full and open competition need not be provided for. .

The bridge contract period of performance will not exceed the reasonably necessary time of six

(6) months to reprocure and mobilize a competively procured contractor.

Determination of Exceptional Circumstance: The necessity of the continuity of these basic life support services at forward operating bases and other remote facilities in Afghanistan necessitates. There is insufficient time to solicit and award a competitive bridge. If not approved, the USACE mission will be impacted.

The incumbent contractor, Versar, Inc, is currently capable of providing all the continuing

Custodial and Grounds Maintenance at the FOBs KAO, Qargha, Marmal, and has performed the services in satisfactory manner. At this time Versar has the existing staff to continue custodial and grounds maintenance services. There are other contractors who may be capable of performing these services; however it is not practical to obtain offers from other contractors or to change contractors for this short bridge contract due to the long process of obtaining badging and base access which could potential cause a break in the continuity of services.

In order to achieve an award on or about 28 August 2016, the competition must be limited to the current contractor, Versar. Versar personnel are already in country, which will eliminate the time it takes to mobilize and obtain badging and ensure performance can continue to meet mission. This bridge is solely necessary to bridge the gap between the end of current contract and the start of the new contract, procured under competitive procedures. They are currently performing these duties. TAA can’t be without services therefore this bridge contract is mission critical.

Fiscal Year (FY 2016) funds are available and will be provided by USACE to facilitate continued performance through the end of the extension. The PR&C number is

W917PM61664890.

6. EFFORTS TO OBTAIN COMPETITION:

TAA intends to negotiate a purchase order with the incumbent contractor. While other contractors might be capable of providing the type of services required any attempt to use competitive sourcing would result in an unacceptable delay to the requiring activity and increased costs. This purchase order will not be synopsized pursuant to the exception listed in

FAR 5.202 (2) - Because the time periods required in FAR 5.203 exceed the time period that the government has to award this contract to ensure continuity of services.

It was impractical to obtain competition in this instance, because the required services had to begin immediately; the services require access to restricted facilities to which access is not controlled by USACE; the performance of these services requires staff and equipment immediately available; and the performance period is extremely short (6 months).

7. ACTION TO INCREASE COMPETITION

Parallel to the performance of this contract a Request for Proposal will be prepared that will use full and open competition. The award of this requirement for six (6) months will allow the government to perform market research, prepare a solicitation and obtain competitive proposals.

The requirement will be re-solicited as full and open on or about 6 September 2016. There is adequate competition for the follow-on requirement.

8. MARKET RESEARCH:

Market research has not been conducted for this bridge contract. While there are likely other sources capable of performing this work, the most effective way to complete this requirement is with the current contractor already working at the sites, who has access to the sites, knowledge and has experience in the type of services. No other contractor would be able to mobilize quickly enough.

9. EXTENT AND NATURE OF THE HARM TO THE GOVERNMENT:

A delay is these vital life support services will jeopardize the ability of USACE to continuously undertake its mission. The extent of the harm to the mission cannot be reasonably quantified.

However, at best, loss of these life support functions would require other employees to take on these basic functions, well below their pay rate, and in lieu of other mission essential duties, costing the government large sums of money in direct labor, and unquantifiable loss in mission execution.

10. SOURCES EXPRESSING INTEREST:

No sources expressed interest, in writing, to this acquisition. That is because this purchase order will not will not be synopsized pursuant to the exception listed in FAR 5.202 (2) - Because the time periods required in FAR 5.203 exceed the time period that the government has to award this contract to ensure continuity of services, as discussed above.

11. BARRIERS TO COMPETITION

The only barrier to competition in this acquisition is the exigent need to the continuity of these services. As such, there are no actions necessary to overcome this barrier on subsequent acquisitions. This bridge, by purpose, will ensure adequate time to compete the follow-on acquisition.

12. EXCEPTIONAL CIRCUMSTANCE:

The necessity of the continuity of these basic life support services at forward operating bases and other remote facilities in Afghanistan is an exceptional circumstance which is required to ensure daily operations to continue without disruptions.

13. FAIR AND REASONABLE COST DETERMINATION:

In accordance with FAR 13.106-3(A)(2)(II) AND (IV), pricing for the six (6) month bridge contract was determined fair and reasonable through review of past historical data on previous contracts and current contract. W5J9JE-15-P-0024 monthly price was in the amount of

$21,875.20. The monthly price for a six month bridge contract is $24,971.44. The difference is only $3,096.24. The monthly rates are slightly higher than the rates accepted in the initial requirement under a competitive procurement. The total cost of the bridge contract is

$149,228.68.

14. CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

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

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

Based on the foregoing justification, pursuant to FAR 6.304(a)(1), by my certification in section

14 Contracting Officer Certification above, I hereby approve the unusual and compelling urgency basis pursuant to the authority of 10 U.S.C.2304(c)(2) and FAR 6.302-2, Unusual and

Compelling Urgency subject to the availability of funds, and provide the services herein described has otherwise been authorized for acquisition.

NAME: DACHELLE D.BANKS DATE:____________

Lieutenant Colonel, U.S. Army

District Contracting Chief

TITLE: Contracting Officer SIGNATURE:________________________ n0ctmddb Typewritten Text 25 Aug 16