MICC_LSJ_14-25_Redacted.pdf

MICC Control No: 14-25

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Agency/Contracting Activity: _MICC-Fort Hood____________________

2. Description of Action:

Nature: New Requirement Follow-on Order Mod to Existing Order Number 1N02

Order against: Multiple Award ID/IQ Contract Number: _W911SE-07-D-0008________

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: OMA Other Funds: Overseas Contingency Operations

3. Description of Supplies or Services:

Estimated value of the proposed action is

The Army launched a logistics consolidation and standardization initiative several years back. The initiative is called the Enhanced Army Global Logistics Enterprise (EAGLE).

Due to under EAGLE, a modification is needed, but only until the new contract is in place. This modification will be issued under the existing task order, which was awarded under Field & Installation Readiness Support Team (FIRST), a multiple award indefinite-delivery, indefinite-quantity (IDIQ) contract. This is a request for a noncompetitive modification providing Field Logistics Readiness Center (FLRC) service at Fort Hood, TX. The modification award to URS Federal Support Services will be in accordance with FAR 16.505(b)(2)(i)(C), exceptions to the fair opportunity process, the order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. This modification will extend the period of performance later this year. Fiscal year 2014 funds will be used to fund this requirement.

The Fort Hood FLRC requirement consists of field and sustainment level maintenance on a wide variety of Army ground equipment (less aviation) including Automotive Systems, Power Generation Systems, Weapons (individual and crew served), and Communications Systems, plus supply and ancillary logistics services. Maintenance is performed in accordance with maintenance manuals provided by the Government. The supply support functions for the FLRC include receipt, storage, and issue of parts and supplies in support of Field Logistics Readiness Division projects.

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The FLRC customers are generally units or Army activities that have insufficient resources to perform these maintenance functions using a Government work force.

Due to increased use of a reduced equipment pool, unscheduled repairs are required which temporarily exceed the activity’s internal capacities or capabilities. If financial resources are available to the activity, these requirements are often passed to the FLRC to accomplish using contract labor.

4. Authority:

Section 803 of the National Defense Authorization Act of 2002 (PL 107-107), FAR 16.505(b)(2) and DFARS 216.505-70(b). The contracting officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,000 unless one of the following statutory exceptions applies. Mark the applicable exception:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase be made from a specified source [FAR 16.505(b)(2)(i)(E)]

Rationale/explanation to support cited authority:

In December 2013 MICC Fort Hood learned the milestones for EAGLE

. Meanwhile, the current FLRC task order, W911SE-07-D-0008-1N02, expires 10 March 2014.

. The gap requires a modification to continue service without interruption.

The period from expiration through the end of phase-in requires a modification to fill the gap to avoid mission failure and have a seamless transition to the EAGLE contract once awarded. The modification must be issued before the expiration of the current task order, W911SE-07-D-0008, on 10 March 2014.

This is the second time the exception to the fair opportunity process in accordance with FAR 16.505(b)(2)(i)(C) has been used for this requirement. Another Limited Source Justification (LSJ) was approved on 5 March 2013 extending the current task order from

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11 March 2013 to 10 March 2014. The relationship between the initial order and the extension is logical in terms of scope, as the PWS has not changed. The relationship is also logical in terms of the period of performance, as the extension will start as soon as the current task order, W911SE-07-D-0008-1N02, expires on 10 March 2014.

Directorate of Logistics (DOL) Army Force Generation mission including Left Behind Equipment, RESET, Reimbursable Maintenance Programs, National Maintenance Program, and Unit Maintained Equipment.

The installation needs these services and the incumbent is the only logical and practical source available for performing these services for such a short period. Replacing for such a short period would be result in an unnecessary degradation in the current successful accomplishment of the ongoing mission.

A competitive procurement is feasible given the amount of time remaining on the current task order. The time for developing the request package, creating the selection criteria, soliciting, evaluating and awarding is prohibitive. Presuming the Government had the extra resources and personnel for this action, which it does not, history has shown that interim actions do not provide adequate savings in competition for justifying the opportunity and real cost. Also, it is likely the cost of a six month competitive contract would be cost prohibitive given the short timeline and high risk to potential contractors of becoming proficient in the operation over a very short period of time.

Without this contracted support, these mission requirements would not be accomplished or severely degraded resulting in decreased unit readiness. DOL government personnel cannot assume this mission due to a lack of sufficient labor assets.

Suspending operations is not a viable option because regular maintenance would still be needed on Army ground support equipment. Issuing a modification under exception to the fair opportunity process under contract W911SE-07-D-0008 is the only feasible alternative for preventing a break in service.

5. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The Government will use the following techniques for determining fair and reasonableness: Cost Analysis as prescribed in FAR 15.404-1(c). The cost analysis will include feedback from the technical evaluator to ensure the skill mix and level of effort proposed appropriately represents the contractor’s proposed approach and is adequate to successfully satisfy the task order requirements. The evaluation will ensure

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(b) (4)(b) (4) the proposed price is balanced. DCAA will be contacted to ensure there are no cost-related findings that may impact the contractor’s ability to be awarded a cost-type extension. As part of this determination, certified cost or pricing data is required in accordance with FAR 15.403-2(a).

SIGNATURE: DATE: 4 Feb 2014

NAME:

TITLE:

6. Any other facts supporting the justification: Market research was conducted for this extension. Review of vendors in the selected NAICS code demonstrates that effective competition still exists at this time as it did at the time of the initial award.

Therefore, a presumption can be made that similar competitive prices would result if a new competitive acquisition were done at this time. However, the current task order expires on 10 March 2014 and this is merely an interim effort. This event necessitates the expeditious award of another extension to the incumbent. Therefore, the incumbent contractor is the only logical source available for continuity of service.

7. Actions to Increase Competition: The long term, competitive contract, being worked by Army Contracting Command – Rock Island, is being competed under the EAGLE contract. This interim effort bridges the existing effort pending award of the follow-on competition.

8. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature: Date:_4 Feb 2014 Name:

9. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this limited sources justification is accurate and complete to the best of my knowledge and belief.

Submitted By:

Position Title (Division Chief or higher):

Email address:

Signature: ______________

22 January 2014 Date: ____________________________

10. Review: I have reviewed this justification and have no legal objection.

Local Small Business Specialist Typed Name: __ Date: __January 31, 2014__________________ Signature: ___

Legal Counsel Typed Name: __ Date: 3 Feb 2014_____________________ Signature: ____

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11. Contracting Officer’s Approval: I hereby certify that this limited source justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this limited source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE DATE: 4 Feb 2014

12. Competition Legal Advisor

SIGNATURE:

DATE: 4 FEB 2014________________

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Approval

Based on the foregoing justification, I hereby approve the procurement of Field Logistics Readiness Center (FLRC) service on an exception to fair opportunity basis to URS Federal Support Services pursuant to 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(C), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Signature: ____________________________ Date: 4 FEB 2014

DEAN M. CARSELLO

Special Competition Advocate Agency: Mission and Installation Contracting Command

CARSELLO.DEAN.M.123

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Digitally signed by CARSELLO.DEAN.M.1230116675 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CARSELLO.DEAN.M.1230116675 Date: 2014.02.04 09:56:43 -06'00'