Moore JA 2023_47 BASOPS.pdf

CUI

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CUI

CUI//SP-PROCURE//FEDCON

Control No.: MICC 2023-47

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Base Operations (BASOPS) Contract for Fort Moore, GA

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

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

Program Manager:

Date: See digital signature.

Local Legal Counsel:

Date: See digital signature.

Small Business Professional:

Date: See digital signature

Contracting Office Division Chief:

Director, MICC-Fort Moore:

MICC Office of Counsel:

Director, Field Directorate Office – Fort Eustis:

Director, Small Business Programs:

Alternate Advocate for Competition:

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)-Fort Moore, GA 6650 Meloy Drive, Building 6, Fort Moore, GA 31905.

2. Description of Action: Directorate of Public Works (DPW)-Fort Moore requests an increase to the contract ceiling for the Base Operation and Maintenance Contract (BASOPS) Indefinite Delivery/Indefinite Quantity Contract No. W911SF-19-C-0024, awarded to from to allow for continuity of services and sufficient time to solicit and award a competitive follow-on contract on or before July 2024. The Government projects exercising of Option Year 4 on September 1, 2023, using fiscal year 2023 (Army) Operations and Maintenance funds.

3. Description of Supplies/Services: Fort Moore and the Maneuver Center of Excellence provide Agile, Trained, Adaptive, and Ready Soldiers and Leaders for an Army at War, while developing Future requirements for the Individual Soldier and the Maneuver Force and providing a World Class Quality of Life for our Soldiers and Army Families. Fort Moore services a total average daily population of 103,000 and maintains over 2300 buildings totaling nearly 19 million square feet, including 27 million square yards of paved areas (roads, parking), taxiways, aprons, runways, sidewalks, and bridges.

The current BASOPS contract provides public works maintenance services to the entire Fort Moore installation. The BASOPS contract requires the contractor to provide overall management, supervision, personnel, labor and general and specialized equipment to operate, maintain, and repair real property facilities including building and structures and road and grounds in accordance with OPORD 18-011, IMCOM Enterprise Base Operations (BASOPS) Performance Work Statement (PWS) Templates and (ISR / Annual Average / SAG).

• Facilities Engineering Services Management (400 /131)

• Grounds Maintenance (primarily, erosion control services) (404 / 131)

• Snow, Ice, Sand Removal (408 / 131)

• Facilities Maintenance - Vertical (411 / 132)

• Facilities Maintenance - Horizontal (420 / 132)

• Army Cemetery (424 / 31)

• Installation Geographic Information System (425 /131)

• Water Treatment Services (502 / 131)

• Wastewater Services (503 / 131)

The Contractor must provide installation preventive maintenance services seven days per week, 365 days per year. In addition, the Contractor must also provide on-demand repair services on a routine, urgent, and emergency basis. Preventive maintenance and recurring sustainment work performed on all real property facilities are to prevent, detect, and correct incipient failures. Preventive maintenance activities include systematic and cyclic check, inspection, servicing, and repair of deficiencies of utility plants and systems, buildings, structures, and grounds facilities. These repairs may also include replacement of parts or components necessary to keep equipment and/or systems operating effectively. On-demand repair service is performed in response to customer request for service in form of Demand Maintenance Orders (DMOs). DMOs are classified as: 1) Emergency, which immediate action is required to eliminate life threatening or serious injury hazards to personnel; 2) Urgent, upon which failure would soon inconvenience or affect security, health, or well-being of personnel, but does not immediately endanger personnel or properties; and 3) Routine, upon which failure to repair will result in measurable discomfort or inconvenience to the customer or waste resources or create the need for additional minor repairs. The period of performance is currently in Option Year 3 with Option Year 4 remaining for the BASOPS Contract.

Contract Value Shortfall Per Option Period:

Remainder of Option Year 3: 01 AUG 2023 – 31 AUG 2023 Value: $28.4M Option Year 4: 01 SEP 2023 – 31 AUG 2024 Value: $61.1M

Total Value of Ceiling Increase:

The period of performance includes option year 4. The ceiling is no longer sufficient to allow for performance during those periods.

4. Authority Cited: 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.

5. Reason for Authority Cited: 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. Pursuant to the provisions of FAR 6.302-1 (a)(2), increasing the ceiling of the current contract will allow the incumbent to continue to provide BASOPS services without resulting in an unacceptable delay which would negatively impact Fort Moore’s obligations to its mission.

a. Background

Contract W911SF-19-C-0024 was solicited in April 2019 via System for Award Management (SAM) and was a 100% 8(a) Small Business (SB) set aside. A Cost-Plus Fixed Fee Cost Plus Firm Fixed (CPFF) with a base period and 4 option years was awarded to on 31 August 2019, with a total contract ceiling of Option Year 3 was exercised with a Period of Performance starting 01

September 2022 and brought the total exercised amount to Per contract, the cost of Option Year 4 In addition, a contract modification review board was conducted that resulted in a review of the funding, issues and identifying a mission need to increase the BASOPs funding. This funding is critical for the operation, maintenance and repair of real property facilities including buildings and structures, roads, and grounds. Fort Moore and the Maneuver Center of Excellence provide Agile, Trained, Adaptive, and Ready Soldiers and Leaders for an Army at War, while developing Future requirements for the Individual Soldier and the Maneuver Force and providing a World Class Quality of Life for our Soldiers and Army Families. Fort Moore services a total average daily population of 103,000 and maintains over 2300 buildings totaling nearly 19 million square feet, including 27 million square yards of paved areas (roads, parking), taxiways, aprons, runways, sidewalks, and bridges. The current contract execution rates, if sustained, will exceed approval limits prior to reaching option year 4. If the proposed ceiling is not raised, USAG Moore will be functionally ineffective and unable to support the training mission resulting in degraded national security.

Period Cost of Performance Contract Value

Remaining

Contract Award

One contributing factor for reaching the ceiling sooner than planned was the negotiation of a New Collective Bargaining Agreement (CBA) immediately after award of the contract that increased wages and fringe benefits and added annually to the cost of the contract.

COVID-19 support was not in the PWS but increased cost. Costs escalation due to repairs to ongoing work during suspension period, costs for damages to stored/ uninstalled equipment and materials during suspension period and the uncertainty regarding availability of contractors/subcontractor personnel and remobilization costs due to uncertainty regarding availability of subcontractors and suppliers. Numerous command emphasis requests in support the COVID-19 Pandemic for the installation were responded to and completed including increased Demand Maintenance Orders (DMOs). Specifically, such issues as contract or project scheduling and adjustments, project suspension, termination and reinstatement, Occupational Safety and Health Administration (OSHA), work management and workplace health and safety compliance throughout the installation. Thirty-seven people were brought on to partially address the

COVID-19 support impact. All COVID-19 related costs equated to approximately an increase to the current BASOPS contract.

The Mission and Installation Contracting Command, Installation Readiness Center, at Fort Sam Houston, will be leading the procurement effort for the follow-on BASOPS contract on behalf of the Fort Moore DPW. The Fort Moore DPW submitted the complete requirements documentation on 8 March 2023 for the new follow-on Service Contract Approval documentation with contract award projected for the end of June 2024..

With the accumulated contract costs quickly approaching the awarded contract value of the current BASOPS contract, and the need to continue uninterrupted BASOPS services, the only viable option at this time is to increase the contract value to allow exercising the remaining option year until the follow-on contract is awarded by the MICC-Installation Readiness Center. The incumbent is the only contractor currently on-site and performing this work under a binding contract. It would take time to properly compete this requirement and the only source available to perform the work funded by the additional funding is the contractor already currently on site and performing the work. This justification accounts for the length of time the Government estimates that it will take to establish the new follow-on award with consideration given to the current contract terms.

b. Alternatives:

1) Suspension of Operations. Suspension of operations is not a viable option.

The maintenance service provided by the current contract directly impacts multiple agencies’ missions located on Fort Moore. Suspending maintenance service will result in life, health, and safety issues to include failure of buildings and their equipment; thus, jeopardizing missions of the occupants.

2) Reductions in operations: Reductions were implemented and performed in the current contract to reduce cost. We limited performing work in the Main Post areas such as storm drainage and erosion control; we limited performing some DMO’s and PMO work that should be performed by our BASOP’s contract; we stopped performing work for reimbursable customers until funding is received by the Resource Management Directorate; we slowed the work on other organization’s property (refrigerators, freezers, and ice makers); we discontinued work we were performing on ranges that should have been done by Range Division (RD); reduced work that had low value for what we would pay.

c. Impact if justification is not approved. Failure to approve this action will result in a break of services for base operations and maintenance across Fort Moore, GA thus creating mission failures across multiple agencies. Mission critical facilities like Lawson Army Airfield Communication Tower, McGinnis Wickham Hall (Building 4), and Ranger facilities may have building failures due to lack of maintenance services, thereby threatening national security.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(11), this action will not be synopsized. The follow-on requirement for the new BASOPS contract, awarded by MICC Fort Sam Houston, TX will be set-aside for a 100% small business competition.

a. Effective competition. This is a sole source action; therefore, effective competition is not applicable.

b. Subcontracting competition. No subcontracting plan is needed due to the

Incumbent already being a Small Business.

7. Actions to Increase Competition: The follow-on requirement for the new BASOPS contract, that will be procured by the MICC-Installation Readiness Center at Fort Sam Houston, TX, will be set-aside for a 100% small business competition and is projected to be awarded by the end of June 2024.

8. Market Research: 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 Notice of Intent to increase the ceiling was posted to Sam.Gov on 9 May 2023 for 10 Days and the results were no interested entities.

8. Interested Sources: To date, no other sources have written to express interest in the acquisition.

9. Other Facts:

a. Procurement History:

Contract Number Contractor Competitive Status

Contract Type

Award Amt.

Period of Performance

W911SF-19-C-0024 TIYA

Services, LLC

100% Small Business Set-Aside

CPFF $201.5M 09/01/2019-

08/31/2024

b. Ceiling Shortfall Calculation:

Source of Shortfall

Base year (10 mo.)

Opt-1 Opt-2 Opt-3 Opt-4 Totals

Underestimated materials, supplies and services

This table displays the shortage by base and option periods for the different sources contributing to the shortfall.

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.

___________________________________ Date: See digital 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination will be made using the following: price analysis and comparison against the IGE. As a part of this basis, certified cost and pricing will not be required and the following exception applies (FAR 15.403): The contract action is a modification to a contract or subcontract, when the agreed upon prices are based upon adequate price competition.

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

Approval

Based on the foregoing justification, I hereby approve the increase to the contract value for Fort Moore, GA Base Operations Services Support contract, W911SF-19-C-0024, on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(1) as implemented by FAR 6.302-1 --Only one responsible source and no other supplies or services will satisfy agency requirements. The estimated value of the ceiling increase is and will support performance during the remainder of Option Year 3 and the entirety of Option Year 4 ending 31 August 2024. This approval is subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX