J__A_Logistics_Support_Services_1_Month_Ext_-_22_Jul_13.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. REQUIRING ACTIVITY:

These services and the action justified by this approval are to support the following offices within the Pentagon:

The Federal Facilities Division (FFD) Remote Delivery Facility (RDF)

The Federal Facilities Division (FFD) Property Management Branch (PMB) Office of the

Secretary of Defense Logistics Support

The Joint Staff

II. CONTRACTING AGENCY:

Washington Headquarters Services (WHS)

Acquisition Directorate (AD)

III. DESCRIPTION OF REQUIREMENT:

This requirement is to execute a contract modification to extend the periods of performance for existing task orders issued against a single award Indefinite Delivery Indefinite Quantity

Contract. Under the period of the extension the contractor will provide all personnel, supervision, tools, padding, packing, crating, materials, equipment and vehicles necessary to perform the services defined in the Performance Work Statement (PWS) for contract logistics support services as defined in the Performance Work Statement of IDIQ W74V8H-06-D-0020. These services are in support of the Federal Facilities Division and The Joint Chiefs of Staff. All functions will be performed to the standards set in this contract. The contractor will execute activities and tasks consistent with the performance standards set in the performance standards of the contract.

The estimated value of this requirement for the period of the extensions is $267,348.15 (inclusive of all 3 task orders).

Under this approval, the periods of performance of multiple task orders under contract W74V8H-

06-D-0020 for these services will be extended. Task Orders W74V8H-06-D-0020-0048, W74V8H-06-D-0020-0049, and W74V8H-06-D-0020-0051 are being extended by this action.

The subject task orders will be extended for a period of 1-month. The new periods of performance will change from:

W74V8H-06-D-0020-0048 - 03/28/13 - 06/27/13

W74V8H-06-D-0020-0049 - 03/28/13 - 06/27/13

W74V8H-06-D-0020-0051 - 04/01/13 - 06/30/13

To

W74V8H-06-D-0020-0048 - 06/28/13 - 07/27/13

W74V8H-06-D-0020-0049 - 06/28/13 - 07/27/13

W74V8H-06-D-0020-0051 - 07/01/13 - 07/31/13

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

This action is pursuant to FAR Part 6.302-1 “Only One Responsible Source and No Other

Supplies or Services Will Satisfy Agency Requirements”. These follow-on services are only available from the original source (current contractor). If this one month requirement were competed, there would be a substantial un-recoverable duplication of costs for start-up of personnel. The Government would anticipate unacceptable delays of service if another contractor would take over this requirement with a short turn-around time to initiate these services.

V. JUSTIFICATION OR AUTHORITY FOR ACTION:

This second bridge modification is necessary to prevent a lapse in critical logistics support services. WHS/AD intends to modify task orders W74V8H-06-D-0020-0048, W74V8H-06-D-

0020-0049, and W74V8H-06-D-0020-0051 to extend their respective periods of performance for one-month.

The subject underlying contract and task orders were put in place by the Army Center of

Contracting Excellence (ACCE). The underlying basic contract was awarded by ACCE on 29

September 06. The IDIQ contract contained a period of performance for ordering purposes that continued until 29 September 11 (inclusive of option years). On 29 September 11, the ACCE issued a modification extending services on the IDIQ for a period of 6 months (through 30

March 12) in accordance with FAR 52.217-8 “Option to Extend Services”. The task orders as relevant to this acquisition were issued as follows:

W74V8H-06-D-0020-0048: 28 September 11 (performance from 28 Sep 11 through 27 Sept

12)

W74V8H-06-D-0020-0049: 28 September 11 (performance from 28 Sep 11 through 27 Sept

12)

W74V8H-06-D-0020-0051: 01 October 11 (performance from 01 Oct 11 through 30 Sept 12)

During the above periods of performance the determination was made that ACCE would no longer provide support for the requiring activities serviced by these orders. On 24 February 12, coordination began for WHS/AD to transfer this workload from ACCE. The previous acquisition strategy remained the same keeping the requirement in the Section 8(a) program as a competitive follow-on. While the previous contract had been a hybrid of Labor Hours and Firm Fixed Price line items the determination was made that this new effort would be completely Firm Fixed Price due to the static nature of the requirement and the expectation that historical workload data would readily be available since the same scope of services had been performed for a period of 5 years. This change would help minimize risk to the Government under the new contract award by avoiding the need to utilize a least preferred contract type (Labor Hours).

Due to the divergent tasks and customers impacted by this requirement, the process to gather data and analyze the historical data took longer than was anticipated since these orders touch upon a wide array of logistics operations at the Pentagon. In order to ensure that all offerors were able to access the most complete information possible during the solicitation phase, the determination was made on 12 July 12 that it would not be possible to issue the Request for

Proposal on the original timeline. While it would have been possible to issue the solicitation based upon the information on hand, the limited amount of past data available would have made it nearly impossible for offerors to gauge the magnitude of the work that would need to be performed under this Firm Fixed Price effort. Rather than meet the initial timeline it was found to be in the best interest of the Government to ensure all relevant historical data had been captured as part of the solicitation documents. This action however required the Government to exercise its right for “Option to Extend Services” clause for a period of up to 6 months on each of these task orders in order to avoid a break in services. In August 2012, the subject task orders were transferred from ACCE to WHS/AD so that WHS/AD could execute modifications extending services under FAR 52.217-8 “Option to Extend Services”. This clause was included in W74V8H-06-D-0020-0048; however, it was not included in task orders W74V8H-06-D-0020-

0048 and W74V8H-06-D-0020-0051. Notwithstanding the fact the clause is specifically referenced in only one of the task orders it is included in the underlying basic contract whether or not they are explicitly included in a particular task order.

While the exercise of the “Option to Extend Services” clause was considered a non-competitive action since the period of the extension was not evaluated during the initial vendor selection process (conducted by ACCE) prior to GAO decision B-401472.2 (Department of the Army—

Reconsideration, December 7, 2009), its exercise was justifiable under the Urgent and

Compelling Need exception. The extension is as follows:

W74V8H-06-D-0020-0048: 27 September 12 (performance from 28 Sep 12 through 28 Mar 13)

W74V8H-06-D-0020-0049: 27 September 12 (performance from 28 Sep 12 through 28 Mar 13)

W74V8H-06-D-0020-0051: 30 September 12 (performance from 01 Oct 12 through 31 Mar 13)

The Request for Proposal (RFP) for the follow-on was posted to Federal Business Opportunities

(FBO) on 31 December 12 with an original closing date of 30 January 13. The RFP closing date changed to 01 Feb 13 to allow additional time for prospective offerors to prepare their proposals.

While the Government was in the source selection phase of the follow-on, we received notification of pending furloughs. Additional time was needed to complete the follow-on requirement for Logistics Support Services. The impeding furlough will have a major impact on the weekly schedule of the FFD Remote Delivery Facility Office personnel. Saturday hours were included as a regularly scheduled duty day in the follow-on requirement; however, the furlough changed the need for Saturday hours to be performed as directed by the Government. This change had a major impact to the proposals and additional time was needed for offerors to revise their proposals. A two-month modification on the task orders gave the offerors an opportunity to provide accurate pricing to reflect the changes to the work schedule. The 2-month extension is as follows:

W74V8H-06-D-0020-0048: 27 March 13 (performance from 28 Mar 13 through 27 Jun 13)

W74V8H-06-D-0020-0049: 27 March 13 (performance from 28 Mar 13 through 27 Jun 13)

W74V8H-06-D-0020-0051: 31 March 13 (performance from 01 Apr 13 through 30 Jun 13)

The Government is currently selection an awardee for the follow-on contract. Additional time is needed to award and transition to the follow-on requirement for Logistics Support Services. A one-month modification on the current task orders will give the awardee reasonable time to transition to the follow-on contract.

In particular as outlined below, each of these task orders supports functions that are critical to the daily functioning of the headquarters of the Department of Defense:

The continuity of service via task order W74V8H-06-D-0020-0048 is critical to ensure uninterrupted logistics support of the Office of the Secretary of Defense (OSD), and component organizations located within the Pentagon and throughout the National

Capital Region. Contract support personnel provide labor support for the Property

Management Branch (PMB) and ensure PMB can meet its mission. PMB is charged with receiving and delivering furniture and other durable office supplies and maintains property inventory of all OSD property. Contract personnel provide warehouse support at two outside warehouses, offer move support/setup and conference room configuration for the SECDEF daily. Additionally, our contractors perform move support to facilitate office moves in support of Base Realignment and Closure (BRAC) actions. A lapse in this contract would severely impact PMB’s day-to-day mission which includes direct support of the SECDEF and could cause DOD to incur millions dollars of additional cost from halting BRAC moves.

The continuity of service via task order W74V8H-06-D-0020-0049 is critical to the FFD

Remote Delivery Facility Office. This is due to the fact that the Dockmaster program touches almost every item that enters the Pentagon from food (Popeye’s, Subway, Starbucks, McDonalds, Dunkin Doughnuts), to newspapers and computers. The program also provides Special Events set-ups and breakdown services (over 1,600 events annually). Also, retailers in the Pentagon (Best Buy, CVS, Conklyn’s Florist, Fort

America, and David Mann Jewelers) would experience possible disruptions in package reception and delivery services.

The continuity of service via task order W74V8H-06-D-0020-0051 is critical to the Joint

Staff. Under this task order services are provided to support top military leaders.

Disruption of these critical services would have an extremely negative impact on the

Chairman of the Joint Staff. All supply services would cease to exist within the Joint

Staff. No supplies would be issued out of the Joint Staff supply store and safes would not be moved to General Officer's quarters, leaving sensitive classified documents unsecured.

In addition, without the delivery services of the contract, all supplies and furniture movement from the warehouse to the Pentagon would be halted. This would cause a mission failure to the Chairman of the Joint Chiefs of Staff.

The one-month extension will allow the continuation of these critical services while providing sufficient time to award and transition to the follow-on contract effort. While this short term extension is non-competitive as discussed above, by providing additional time for awardee selection and transition time for the awardee, it will ensure the long term (base plus four option years) follow-on contract will be fully and fairly competed on a Firm Fixed Price basis. A modification for one-month on each of the referenced task orders is in the best interest of the

Government.

VI. SOLE SOURCE COMPANY:

Eastek-Nati Services, LLC

9015 Rhode Island Ave.

College Park, MD 20740

VII. STEPS TO IMPROVE COMPETITION:

A Notice of Intent to issue a Sole Source modification to the current contract in accordance with

FAR Part 6.302-1 for a performance period of one-month will be publicized on FBO. The J&A will be publicized on FBO upon approval to proceed.

WHS/AD is currently selecting a vendor for the follow-on long term contract as a Section 8(a) competitive effort. The period of performance for this new action will begin after the expiration

(28 July, 2013) of task orders W74V8H-06-D-0020-0048, W74V8H-06-D-0020-0049, and

W74V8H-06-D-0020-0051.

VIII. FAIR AND REASONABLE PRICE:

The Contracting Officer anticipates the price for the period of this extension will be consistent with the pricing currently in place under these task orders as required by FAR 15.404(b)(2)(ii).

The pricing determined fair and reasonable by the ACCE Contracting Officer at the time of award for the basic contract W74V8H-06-D-0020 is determined fair and reasonable for this modification.

IX. CERTIFICATIONS/SIGNATURES:

Requiring Office Certifications:

I certify the supporting data, which form the basis for this justification for other than Full and

Open Competition, are accurate and complete.

NAME: Kenneth Gordon

OFFICE: The Federal Facilities Division (FFD) Property Management Branch (PMB)

SIGNATURE: ___________________________________________________________

NAME: David Brown

OFFICE: The Federal Facilities Division (FFD) Remote Delivery Facility (RDF)

NAME: SMSgt Taji Lea

OFFICE: The Joint Staff

Contracting Certifications:

I have reviewed this justification and concur with the recommendation for other than Full and

Open Competition.

NAME: Monica Ceaser

TITLE: Contracting Officer

OFFICE: Washington Headquarters Services, Acquisition Directorate