J A_Professional_Admin_Services1.pdf

Control No. I J -3 1

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

ProgramlEquipment: Profess ional Administrative Support Services, Fort Hood, Texas

Authority: !O USC 2304(c) (I), FAR 6,302-2

Prepared by:

PCO:

Juan C. Perez

Contract Specialist

E-mail: juan.pcrez l@us.army.mil

Susheep Oden Contracting Officer DSN: 737-5479 E-mail: Susheep.oden@L1s.army.mil

Technical and Requirements:

Mr. Brad Britain Contracting Officer Representative Bradf ord.Britain@us.army.mil

Amount: $4,519,084.41 (Estimated)

Date: 22 September 2011

DSN: 737-9143

Date: 22 September 20 11

Date: 22 September 2011

DSN: 737-9606

r have reviewed this J&A and find the justification adequate to support other than full and open competition.

Local Small Business special~~

Steve Schlabach Deputy to the Director

Local Legal Adviso ~==='::'======--Z::-~inn Attorney-Advisor

Director MlCC-Hood

Date: 2 3. £ eo,... 40\'

DSN: 737-6453

Date: 22 ;;",-/' II

DSN: 737-2458

Date: .l3 $, f II

DSN: 737-0038

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Control No. 11 -31

JUSTIFICATION Al"lD APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING AGENCY: Miss ion and Instal lation Contracting Command. Miss ion Contracting Office, Fon Hood. Texas.

2. DESCR IPTION OF ACTION: This is a request for a noncompetitive firm- fixed price (FFP).

requirements contract providing Professional Administfalive Suppon Services for lhe Directorate of Public Works (DPW). The period of performance will be I October 2011 through 3 J December 2011. plus three additiona l one-month option periods to be utili zed onl y if needed. at a total estimated cost of S4.5 19.084.4 1. The estimated cost for the base period (3 months) amount is approximately $2.304.528.96 and the estimated amount for each one month option period is approximately S755.841.95. The awarded contract number W9124J - JJ -D-OO J8 for Profess ional Administrative Suppon Services was protested on 6 September 20 II . As a result an interim contract is required to allocate adequate time for the protest to be resolved. Failure to provide continuity of service during this lime will seriously jeopardize the DPW's ability to meet it s assigned mission; therefore. a sole-source cont ract is contemplated with the incumbent contractor to continue support of necess3IY functions. Fiscal Year 2012 Operations and Maintenance Army (OMA) funds will be used for the interim ContraCL This requi rement is currently subject to availability of Fiscal Year 2012 OMA funds.

3. DESCRIPTION OF SERV ICES:

u. The supponed services require the contractor to provide management , administration. and qualified employees to perform administrative and technical suppon to DPW's Unaccompanied Personnel Housing (lJPH) Maintenance Program in accordance with Section C.S in the Perfonnance Work Statement (PWS). Services include (i) managemenL. administration, and qualified employees to; (ii) plan. program. coordinate. manage. and monitor all maintenance.

repairs. and improvements associated with the barracks maintenance program; (iii) providing sk illed trade-level knowledgeable personnel in const ruction. electrical. plumbing. carpentry. and general maintenance to: (iv) perfonn carpentry. plumbing, electrical. painting. custodial. and other duties associated with repair. replacement. and maintenance of those facilities.

b. The preponderance of required services will be performed on the Fan Hood, Texas installation.

c. The Government wi ll include FAR clause 52.217-8 in the interim contract and evaluate the cost during the evaluation phase of the procurement process.

4. AUTHORITY CITED: IO US.c. 2304 (c) (2). Unusual and compelling urgency. as implemented by FAR 6.302·2 (.) (2).

5. REASON FOR AUTHORITY CITED: Pursuant to FAR 6.302-2 (.) (2). the incumbent is the only logical source for this six month interim contract. The requiring activity cannot provide resources to manage the Unaccompanied Personnel Housing Maintenance Program. While the

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Control No. 11 -3 1 government was successful in awarding a follow-on contract within a sufficient amount of time to avoid a break in service. it could not anticipate a protest that would delay start up of a new contract. With an expiration date of 30 September 201 1. there is no time for developing a competitive short-term contract by I OCIober. It is nece~sary lO negotiate an interim (bridge) contract with the incumbent in order to sustain performance of this management/maintenance program until the GAO protest is decided. Award to any other source in this situation is unfathomable and would result in complete fa ilure to meet the DPW's mission; soldier billets would deteriorate and create wlsafc living conditions. The lime and effort necessary to develop any other short-term solut ion is not available; down-scoping of work statements and preparing and reviewing solicitation documents is not availab le before the existing contract expires. Costs originally offered and evaluated in awarding the current contract were determined fair and reasonable at time of award. Prices are considered to remain fair and reasonable as proposed for the interim contract.

3. Background:

( I) Contract number W91151-07-D-0007 was awarded I August 2007 to TSI CORP. The comract was a firm-fixed price (FFP) requirements type contract for a base and two one-year options. The dollar value of the contract made the re-solicitation a candidate for migration to the MICC Procurement Cemer. During the acquisition process. the Contracting Officer requested this office exercise the option to extend services clause (FAR clause 52.2 17-8) from I August 2010 through 31 Jan uary 2011. A task order was issued on 1 February 2011 to extend the period of performance through 30 September 20 I J to allow lime for completion of the follow-on contract by the FS J-I Procuremenl Center.

(2) Part of the delay in finalizing the procurement package at FSH was an issue with the customer reducing the scope of work to allow for pania1 in-sourcing of approximately 30 positions [0 Government performance. Activities were progressing with the revised PWS at FSH at the same time that the Secretary of the Army ceased all in·sourcing activities. This left the DPW with little choice but to ask that n con tract be negotiated with the incumbent on an urgelll and compelling basis to provide continuity of services being provided by these 30 individuals.

Two requirements were in itiated: the first requirement was an urgent and compelling procurement for acquiring critical electrical. plumbing. carpemry. and genera l maintenance support services. The DPW believed the remain ing poSitions, having been staged for publication on the U.S.A. Jobs website. would go through as planned for in-sourcing. Having been given the mandate to cease all in sourcing activity on28 February 201 t , DPW submitted a second PR requesting the procurement of !.he remaining profess ional administrative suppon services.

Contracts W91151- 11 -P-0 154 and - P-OI64 were awarded to TS I CORP with an expiration date of 30 September 2011. The cumulative value of all three contracts identified above is $9.2 14.067.16.

(3) On 6 September 2011. TSI CORP protestcd the award of Contract W9124J- II-D-0018;

to Hana-JV (GAO Protest number is B-405676). HANA-JV, filed an intervent ion in the protest to protect their interests and to work with the Army to defend the contract award. As required.

the Army suspended performance of the contract (3 1 U.S.c. 3553, 4 C.F.R. 2 1.6 and FAR

33. 104(b». The GAO has not rendered a decision in the matter.

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b. Alternatives: Of the three possible alternatives. the first two are considered unacceptable:

(1) Suspension of operations; (2) Award of a non-competiti ve Alaskan Nat ive Corporation (ANC) contract; or (3) six month interim contracl. A six month interim contract is the only feasible course of action that will satisfy the requi rement to sustain performance of the required services during the protesl.

(1) Su~pension of Operations: The services procured by this contract are ti ed to mission accomplishment and cannot cease without major negati ve impact on Fort Hood and the Army mission. The DPW is nOl resourced to perform these services in-house.

(2) A non-competitive award to an ANC contractor for a short. six-month period is not practical. given the requirement to place a synopsis on FEDBIZZOPS to search for a qualified ANC contractor that would have the resources to begin performance on I October. It is unrealistic to expect another contractor to invest time and effon in negotiating a contract in locating and hiring qualified personnel. obtain andlor aJlocate adequate equipment and facilities necessary to temporarily perform the required services.

(3) An interim contract is the only feasible alternat ive under Lhe circumstances. The incumbent contractor. TSI CORP. is the only source available to respond to the need and prov ide the services for the six momh interim period. TSI CORP possesses all the qualifications and experience to provide quality sustained performance in O1Jl functional areas through Lbe interim period.

c. Justification.

(I) There ex ists a critical need to cominue these services beyond 30 September 2011. The insta ll ation can ne ither function without the services nor perform the services in-house. Without these services. DPW UPH will be unable to provide the required maintenance serv ice suppon for the installation barracks program. The incumbent contractor is the only log ical and practical source available to perform these services.

(2) Other contractors might be capable of providing similar services. given adequate time to conduct a best value source selection on a competitive acquisition. However. it is not possible to effectively solicit and award a contract of this magnitude in the short time remaining before Lhe current contract expires on 31 September 2011. As indicated throughout this justification document, it is not cost effective for other contractors to temporaril y perform these serv ices while the prOtest is being reviewed and decided. The six- Illonth interim contract will avoid duplication of start-up costs associated with preparation of operating procedures by the new contractor, a complete inventory of all property between the contractors. acquisition of the necessary number of personnel in skilled labor categories, and training of all new contractor employees. Moreover, it is unrealistic to expect a concem other Lhan the incumbent to provide management, administration, and qualified employees with skill s and trade- level knowledge of construction. electrical, plumbing, carpentry. and general maintenance by I October 20 11 .

d. Impact

Control No, 11 -3 1

(I) A six-month inlerirn contract is (he only feasible solution for sustaining contract support after contract expiration and until the GAO protest is decided. The incumbent contractor, TSI CORP, has the necessary quantity of trained and knowledgeable personnel. equipment, and facilities to ensure successful performance of all contracted functions through the proposed six month interim contract period, This is especially importan t in tl1e local area where skilled labor categories are difficult to recruit and retain. Keeping the UPH maintenance service requircments, as required under the current contract. is essential to DPW's critical miss ion accomplishment.

Competing the six month interim contract within the time remaining on the current contract is not viable given the assurance thaL if pursued. wi ll result in a significant di sruption in service.

(2) The installalion can neither function witham the services nor perform tllC services in house, Organic Garrison capability to provide the services does not exist. Without tllcse services, mainlenance support for UPH wi ll cease for DPW and the Fort Hood Installation.

6. EFFORTS TO OBTAIN COMPETITION:

a. MICC Center - Fort Sam conducted a compet itive acquisition for services at Fort Hood.

The awarded COntract W9124J-II-D-OO 18 for Professional Administrative Support Services was protested on 6 September 20 II.

b. The current comract was awarded competit ively to the incumbent TS I CORP has acquired more than twO years of specialized work experience successfully performing all required services under this contract in a superior manner.

7. ACTIONS TO INCREASE COMPETITION: Market Research was conducted for the follow on contract by MICe Center- Fort Sam. TX. The interest shown throughout the solicitation process indicates sufficient competition exists ror ruture requirements of this nature.

8. MARKET RESEARCH: Market Research previously conducted by MICC-Fort Sam ident ified several vendors that expressed interest in providing Professional Administrative Support Services for Fort Hood.

9. INTERESTED SOURCES: Due 10 time constraints a synopsis will be published as required by FAR 5.201 reflecting a sole source award.

10. OTHER FACTS: None.

Control No. 11-31

II. TECHNICAL CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief."

NAME:gro.J(;,.."lD .i10x..:,,,- SIGNATUf/.E~ TITLE: ~;ce~ (h."..,c.~ c..t..:c&- DATE: --<4+';z::"".c/!,C,, _____ _

12. REQUIREMENTS CERTIFICATION: "I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief."

NAME: ,Br.,Jf"a:\ D. E".&;,.:"

TITLE: :s"", ices. £'ce<>th O,:&-

SIGNATURE: f:!-eL~-.

DATE: 1/~.2./;;

13. MANAGEMENT REVIEW/APPROVAL: "The requirement berein described is a valid requirement of the activity named in paragraph 3 or this J&A. The technical/requirements information contained in the J&A represents the minimum needs of the Government. The only way to satisfy this requirement is by limiting competition as described herein."

NAME: ... (,n.."-",dlJG,I>.,,,(!l!LtLO~. k",:cu;.xk""·~.-;;-_ SIGNA TUf/.E: ---'~q.:::~",-,-",,::::::S_..>-- TITLE: s,ry; .. , £~....h u,;.J. DATE: 9/~//(

14. FAIR AND REASONABLE COST DETERMINATION: "I hereby determine that the anticipated cost for this contract action will be fair and reasonable." The techniques to be used to detennined the cost fc:lir and reasonable will be comparison to the independent Government cost estimate~ comparison to the costs currently being paid under the competitive contract, wage determination and historical data.

NAME: Susheep Oden DATE: ,) 3 <;.e(-' Jc 1/

SIGNATURE=J~~ TITLE: Contracting Officer

15. CONTRACTING OFFICER CERTrFICATION: "I certify that this J&A is accurate and complete to the best army knowledge and belief."

NAME: Susheep Oden DATE: .Jl.3. ~ ~I(

TITLE: Contracting Officer SIGNATURE: r;;:x(~-~

APPROVAL

Based on the foregoing justification. I hereby approve the procurement of Professional Administrative Suppon Services for the Directorate of Public Works (DPW) Fort Hood, Texas on an other man full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)

(2) as implemented by FAR 6.302-2(a) (2). and is subject to the availability of funds and provided the services herein described have otherwise been muhorized for acquisition.

DATE: SIGNATURE: ________ ~-----------

M ICC Special Competition Advocate