W911SD-18-P-0029__REFUSE_BRIDGE_JA_FAR-Part_6_JA_REDACTED.pdf

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The USAG West Point requires a service contract to collect refuse and recycling throughout West Point.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $279,273.00 (3 months no options)

Prepared by: REDACTED DSN: 688-XXXX Contract Specialist Date: 29 Jan 2018 Email: REDACTED

Contracting Officer: Kymberly Y. Aviles DSN: 688-5186 Contracting Officer Date: 29 Jan 2018 Email: kymberly.aviles@usma.edu

Technical: REDACTED DSN: 688-XXXX

REDACTED

Date: 29 Jan 2018 Email: REDACTED

Requirements: REDACTED DSN: 688-XXXX

Date: 29 Jan 2018

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

Program Manager: REDACTED Typed Name: REDACTED

DSN: 688-XXXX

Signature: REDACTED

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: MICC- West Point, (CCMI-CEU-WP), 681 Hardee Place, West Point, New York 10996-1514

2. Description of Action: The USAG West Point, DPW, requests a firm-fixed-price contract with Donato Marangi Inc. (DMI). The Government projects an award to be issued with an effective date of 1 February 2018 and Fiscal Year 2018, Operations and Maintenance funds will be used.

X An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: This is a sole source award for refuse and recycling collection services on West Point. This bridge will fill the gap in service between the current contract W911SD-18-P-0002 which expires on 31 January 2018 and a new award which is expected to be awarded 1 May 2018. The current solicitation W911SD-

17-R-0008 will be extended due to unforeseen issues that are source selection sensitive and will not be discussed within this J&A.

Period of Performance: 1 February 2018 to 31 April 2018 Total Value: $279,273.00

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: (a) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. The previous refuse contract W911SD-12-C-0008 was fully competed and awarded 23 April 2012 and it expired 31 October 2017. A J&A was issued and a Bridge award W911SD-18-P-0002 was issued for the period 1 November 2017 thru 31 January 2018. Due to issues with the current solicitation W911SD-07-R-0008 that are Source Selection Sensitive, a new award is not expected to be issued until 1 May 2018.

(b) The collection of refuse and recycling is a health and welfare issue as well as an issue of image for the USMA West Point. To not collect the trash would present an opportunity for a variety of vermin to become active and that would create a health and safety issue resulting in the spread of disease. Refuse and recycling are necessary services and they must be fulfilled in an expeditious manner.

(c) Donato Marangi Inc. is the current refuse collection contractor and knows the entire layout of West Point and all the details of refuse collection. It is incumbent upon MICC West Point to issue a new award for Refuse and Recycling collection before 1 February 2018. The incumbent is the only known entity capable of performing immediate and uninterrupted service for this health and safety requirement. The labor hours and associated costs required to generate another solicitation and award for only a 60-90 day award would not be advantageous to the government.

(d) A solicitation W911SD-17-R-0008 was issued on 12 December 2017 and due to unforeseen issues, it will be extended and will not be ready to award by 1 February. The issues with the current solicitation are Source Selection sensitive issues and will not be discussed within this J&A. The new award is will be fully competed and a fair opportunity given to all interested parties that can match the set aside requirements of the solicitation.

(e) The solicitation as mentioned before, is under review and another amendment is expected to be issued soon. Due to the review issues and pending amendment, it is anticipated that the new award will be issued effective 1 May 2018.

(f) The authority cited in FAR 6.302-1 “Substantial duplication of cost of cost to the government that is not expected to be recouped through competition” is very appropriate in this circumstance. The development of a new solicitation, market research, acquisition strategy etc., would be a duplication of effort that has been previously expended through the preparation of solicitation W911SD-17-R-0008. A Sources Sought was issued for this exact requirement as well as an acquisition strategy report and draft solicitation. It is not feasible to try and quantify the labor-hours expended that would be required to recreate all the aforementioned documents and to complete the entire process to include an award prior to 31 January 2018, the current contract completion date. Donato Marangi Inc. (DMI) has agreed to hold the current contract costs into a new bridge award. It is highly unlikely that if we were to pursue a new open competition that we would achieve the same costs. DMI possess all the tools, equipment, manpower and knowledge to successfully execute the contract requirements. DMI can continue to perform in a seamless manner.

6. Efforts to Obtain Competition: A solicitation W911SD-17-R-0008 has been issued for a base plus four (4) option year periods. The current solicitation will allow full competition for the refuse requirement.

a. Effective Competition: Because the bridge is a sole source action, competition is not applicable.

b. There is not a subcontracting alternative with the bridge award as the scope of work is limited and not conducive to a subcontracting effort.

7. Actions to Increase Competition: A new solicitation W911SD-17-R-0008 has issued for a new base plus 4 option year period requirement.

8. Market Research: Current Market research is available through W911SD-17-R-0008.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sole source sources sought notice was posted to Federal Business Opportunities on 19 December 2017 and amended on 24 January 2018. Donato Marangi and Waste Management both responded. Waste Management was not interested in a limited 90 day award.

9. Interested Sources: DMI is currently performing the contract and is the only known source that can perform at the required performance level while maintaining continuity of services for the contract that expires 31 January 2018. This has been further verified by the above referenced sources sought notice issued for the bridge award.

10. Other Facts:

a. Procurement History:

(1) W911SD-18-P-0002 Donato Marangi Inc. was an unrestricted award issued on 31 October 2017 for the period 1 November 2017 – 31 January 2018. W911SD-12-C- 0008 was awarded to Donato Marangi in 2012 and expired on 31 October 2017.

The option to extend under FAR 52.217-8 was exercised. All relevant prior award history is included in the prior J&A 2018-01 signed 25 October 2017.

(2) The current award is a sole source bridge action.

(3) The above award was issued as unrestricted.

(4) A justification and approval was completed for W911SD-18-P-0002.

(5) A new Base plus four (4) option year award should be ready to award by the time this bridge is completed.

(6) There are no unusual patterns in the procurement history.

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.

Typed Name: REDACTED Date:

Title: REDACTED Signature:

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.

Typed Name: REDACTED Date:

Title: REDCATED Signature:

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 the following: cost analysis price

Analysis should cost IGCE audit: x other A comparison to prices set forth in the current contract W911SD-18-P-0002. The current contract prices will be used for the bridge award and have been previously found to be fair and reasonable.

As a part of this basis, certified cost or pricing data: x will not be required and the following exception applies (FAR 15.403):

X The estimated cost of the contract action ($279,273.00) is less than the threshold ($700,000) for certified cost or pricing data.

Typed Name: KYMBERLY Y. AVILES Date: 29 JAN 2018 Title: Contracting Officer Signature:

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

Typed Name: KYMBERLY Y. AVILES Date: 29 JAN 2018 Title: Contracting Officer Signature: