CUI_Riley JA Refuse Control Final Riley 2024-01 Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No: Riley 2024-01

CUI CUI//SP-PROCURE//FEDCON

2) Use of In-House Resources. Fort Riley lacks sufficient manpower, equipment, and unit infrastructure resources necessary to perform the required Refuse Collection Services. The United States Army does not contemplate acquiring adequately trained personnel or equipment within the Government in the near future. Attempting to initiate actions to increase the Government workforce to accomplish this mission would take years and result in mission failure during the time required to adequately recruit and staff a trained workforce. Therefore, this alternative is not viable.

3) Conduct a competitive acquisition for a bridge contract. There is insufficient time to competitively award a new contract and phase-in a new contractor. An award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

Further, this action is an urgent need to address the corrective action necessary in response to the protest received to a competitive award. Therefore, this alternative is not viable.

4) Extension of the current contract. Negotiating a contract with the incumbent is the only viable solution to provide continuity of operations with the personnel, and equipment without incurring new start-up costs. Award to any other source would result in a delay in fulfilling the agency’s requirements and would not be in the best interest of the Government.

c. Impact if not approved: Disapproval of the J&A will result in a lapse in service and cause life, health, safety issues due to potential exposure to harmful bacteria or disease and attracting insects and rodents.

6. Efforts to Obtain Competition: The Contracting Officer will publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: This is a sole source action; effective competition is not applicable.

b. Subcontracting Competition: VMX is a small business, who at the time of award was an 8(a) participant and has since graduated the program on 1 May 2018, is not. With this action being an interim contract solution until the COFC protest on the follow-on Refuse Collection Services contract is resolved, VMX will maintain compliance with the Limitations on Subcontracting as outlined in Class Deviation 2021-O0008, Revision 1, dated February 2023

7. Actions to Increase Competition: This is an interim action to allow continued performance with the incumbent contractor during the time necessary to address the COFC protest.

8. Market Research: Market research was conducted in accordance with FAR Part 10 by MICC-Fort Riley within the last 12 months as part of the award process associated with follow-on award and was meaningful to discover all relevant material. Further, this action is an urgent need to continue services while the contracting office addresses the COFC protest of the competitive award.

9. Interested Sources: There were four offerors that submitted proposals in response to the competitive solicitation and were included in the competitive range.