CUI JA Part 6 - Riley Refuse 2023-12 20230824_BDE Final_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No.: Riley 2023-12

CUI//SP-PROCURE//FEDCON

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Department of Public Works, Fort Riley, Kansas requires Refuse Collection Services.

Authority: Title 10 United States Code (U.S.C.) §3204(a)(2) as implemented by Federal Acquisition Regulations (FAR) 6.302-2 – Unusual and Compelling Urgency.

Amount: $479,000

Prepared by:

Contracting Officer

Technical:

Requirements:

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

Small Business Specialist:

Local Legal Counsel:

issued to . Further, requested MICC-FR file a small business size protest on their behalf. The Small Business Administration (SBA) advised the Contracting Officer (KO) that if a size protest was submitted, the SBA will place it on hold until GAO issues its own decision on its protest. The GAO denied and dismissed the protest on 08 December 2022.

3) The KO lifted the stop work order for W911RX-22-D-0006. However, as the current contract was to expire on 31 December 2022, the KO extended the contract to 28 February 2023 to affect a two-month transition period between the two contracts.

Justification and Approval (J&A) (Control no. Riley 2023-1) under the authority of 10 U.S.C.§3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency, was approved by the KO on 30 December 2022.

4) On 20 December 2022, filed a preliminary notice for an intent to file a bid protest with the Court of Federal Claims (COFC). The KO issued another stop-work order to for W911RX-22-D-0006. The complaint was filed on 13 January 2023.

The Army took corrective action in response to the protest. The current contract, W911RX-18-D-0003, was extended to continue performance of services with J&A (Control No. Riley 2023-3) under the authority of 10 U.S.C §3204(a)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, was approved by the KO on 24 February 2023 for performance through 30 June 2023.

5) The corrective action was not complete by the end of the extension.

Therefore, a further extension was necessary to continue performance of essential services. J&A (Control no. Riley 2023-10) under the authority of 10 U.S.C §3204(a)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, was approved by the KO on 01 June 2023 for performance through 31 August 2023.

6) The result of the corrective action was a new price analysis and Source

Selection Decision Document (SSDD) were completed. The new award decision which selected the same awardee, Nisou, was announced on 28 July 2023. On 08 August 2023, SWM filed a preliminary notice for an intent to file a bid protest with the COFC.

The KO issued another stop-work order to for W911RX-22-D-0006. The complaint was filed on 15 August 2023. The Government has agreed to a four-month voluntary stay of the follow-on contract performance.

b. Alternatives:

1) Suspension of Services. The Refuse Collection Services are ongoing and critical to mission accomplishment. Suspension of contract support will negatively impact the mission of all Soldiers assigned to the 1st Infantry Division due to life, health, safety issues resulting in a degradation of Readiness. Therefore, this alternative is not viable.

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. With this action being an interim contract solution until the COFC protest on the follow-on Refuse Collection Services contract is resolved, there is a reasonable expectation that VMX will maintain their current subcontractor relationships.

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.

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.

Contracting Officer Representative

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.

Program Manager/Engineer

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 price analysis, historical data, and comparison with the IGE in accordance with (IAW) FAR 15.404-1(b). As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial and the following exception applies: FAR 15.403-1(b)(3).

Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer