DoDEA_JnA_(16-D-0003)_20190328.pdf

JUSTIFICATION & APPROVAL

FOR

OTHER THAN FULL AND OPEN COMPETITION

Department of Defense Education Activity

Preventative Maintenance Services

Fort Benning, Georgia Fort Rucker, Alabama

Maxwell AFB, Alabama

WITH

RDT-Semper Tek Joint Venture, LLC

W91236-19-C-0011

Control Number JA NAO - FY19-0001

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

JA NAO-FY19-0001

28-Mar-19 Page 2 of 9

1. CONTRACTING AGENCY:

The U.S. Army Corps of Engineers Contracting Office, Norfolk Contracting District, 803 Front Street, Norfolk, Virginia 23510.

2. DESCRIPTION OF ACTION:

This proposed action is a sole source, firm fixed price, stand-alone ‘C’ contract for preventative maintenance services in support of the Department of Defense Education Activity (DoDEA) – Americas facilities located at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. The services provided under this proposed contract encompass a wide range of facilities services such as operation and maintenance of heating and cooling systems, air condensers, kitchen equipment, facility control systems and other critical facility management services. These services must be provided on an ongoing basis without protracted lapse to ensure that the building systems continue to operate safely for the benefit of the students and teachers that inhabit them. The facilities engineering services provided under this action support thirteen (13) facilities comprised of ten (10) schools and three (3) support facilities.

DoDEA does not possess in-house manpower or expertise to perform the critical facilities service requirements included in this proposed action. Additionally, each respective installation’s Department of Public Works (DPW) does not provide facility engineering support to the facilities covered under this proposed action.

RDT-Semper Tek Joint Venture, LLC (RDT-ST), through the issuance of Contract No. W91236-16-D- 0003, previously performed and successfully provided preventative maintenance and repair services for these facilities since April 2016. A recent procurement review of Contract No. W91236-16-D-0003 discovered that it is no longer an available mechanism to perform these time sensitive facility maintenance requirements. As there is not sufficient time to fully and openly compete the required services, the Norfolk District determined that an interim/bridge contract for these facility operation and maintenance services must be awarded to RDT-ST in order to ensure there is not a lapse in critical facility maintenance services.

Ultimately, this proposed action is necessary to limit possible life, health, and safety risks at DoDEA- Americas facilities located at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama.

This action is identified solely as a means to provide these DoDEA facilities with required facilities services necessary to ensure the health and safety of all students and teachers.

Although Contract No. W91236-16-D-0003 included separate contract line items for preventative maintenance requirements (firm fixed price) and demand maintenance orders (indefinite delivery, indefinite quantity), the proposed action only includes the preventative maintenance services portion of the previous contract. The proposed action only includes the preventative maintenance services requirement since such facilities services constitute an unusual and compelling requirement necessary to ensure health and safety of students and educational staff at DoDEA-Americas facilities located at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. RDT-ST will not perform work on any other project or program under this specific contract action.

Since the proposed action is intended to serve only as an interim/bridge contract, the maximum period of performance for this action will not exceed six (6) months. In fact, the proposed contract will be negotiated based upon a monthly rate for the specific services so that the contract period may be reduced if a new contract is solicited and awarded as described below during this six (6) month period.

Funding is available in the amount of $750,000.00 for the continuation of required facilities services in support of DoDEA-Americas facilities located at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. This amount is more than adequate for a six (6) month contract based upon a reasonable Government estimate, which includes an analysis of historical data and all costs associated with this contract. The actual price will be negotiated in accordance with the request for proposal process and in accordance with the scope of work.

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3. DESCRIPTION OF SERVICES:

The work included in this action consists of providing up to six (6) months of preventative maintenance services in support of DoDEA-Americas facilities located at Fort Benning, George; Fort Rucker, Alabama;

and Maxwell AFB, Alabama. The services provided under this proposed contract encompass a wide range of facilities services such as operation and maintenance of heating and cooling systems, air condensers, kitchen equipment, facility control systems and other critical facility management services. The services will support thirteen (13) facilities comprised of ten (10) schools and three (3) support facilities.

The intent of the services performed under this contract is to operate and maintain critical systems in DoDEA facilities while identifying and diagnosing problems and potential equipment failures. While the contract includes general activities such as regularly changing filters, belts, and lubes, it also includes ensuring all equipment is properly operating and controlled, alarms are initiated to protect systems and equipment, and systems can be evaluated and monitored from a central location. Ultimately, the services under this proposed action are critical to ensuring the safe operation of DoDEA-Americas facilities located at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. The services are also a necessary mechanism to timely resolving problems, identifying risks, and preventing possible issues such as fire hazards, failures of a major utility system, ruptures, leaks, or overflows of interior water lines or sanitary/sewer lines, including overflowing toilet and plumbing fixtures, emergency leaks of gas lines, emergency power generation failures, or other situations that directly cause damage to the facility or result in life, safety or health risks to students and teachers utilizing these DoDEA facilities.

The scope of services included under this interim/bridge contract are focused on the operation, maintenance and inspection of: all mechanical systems (including HVAC); all direct digital control (DDC) systems, and all kitchen equipment and walk in freezers and refrigerators. The contractor will be required to submit daily, weekly, and monthly reports to document all activities performed under this contract. Such documentation will be managed utilizing the computer management maintenance system (CMMS) program called SchoolDude.

The proposed interim/bridge contract shall also include responsibility for material and labor costs associated with the maintenance, repair or replacement of any single piece of equipment within the limit of liability of $20,000. In support of such requirements, the contractor is required to maintain an adequate supply of spare and repair parts, or have them readily available, so that preventive maintenance requirements within the $20,000 limit of liability are not delayed.

Period of Performance: 23 March 2019 to 23 September 2019

Total Value: $698,873.00

4. AUTHORITY CITED:

10 U.S.C. § 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. REASON FOR AUTHORITY CITED:

(1) Background:

The DoDEA provides a comprehensive education program, grades pre-kindergarten through high school, for eligible dependent children of Department of Defense personnel. Although DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama are located on military installations, DODEA is wholly responsible for the operation and maintenance of its own facilities. Accordingly, respective installations and DPWs do not provide facility operation and maintenance support to their respective DoDEA schools. Furthermore, DoDEA does not possess in-house manpower or expertise to perform the critical facilities service requirements included in this proposed action. Since DoDEA staff

28-Mar-19 Page 4 of 9 lacks capacity and sufficient technical expertise and resources to perform facilities operation and maintenance at DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama, DoDEA relies on contractors to provide this critical support.

As described above, Contract No. W91236-16-D-0003 was awarded to RDT-ST for preventative maintenance and repair services in support of DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. This contract was established as a base plus four (4) one-year options and included firm fixed price contract line items for preventative maintenance requirements and indefinite delivery, indefinite quantity contract line items for demand maintenance orders above the limit of liability.

(2) Justification:

The authority cited above provides that when an agency’s need for services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bid and proposals, full and open competition need not be provided for. The authority applies in situations where an unusual and compelling urgency precludes full and open competition and the delay in award of a contract would result in serious injury, financial or other, to the Government.

As noted above, there is no contract in place currently or means for providing the necessary services. This lapse in services to the building systems must be mitigated to the greatest extent possible to ensure that the building systems operate safely and to reasonably avoid the possibility of a safety mishap. RDT-ST, the prior incumbent, was awarded the contract after evaluation of technical qualifications through a competitive best-value procurement. Without undergoing a necessary minimum technical evaluation available in a protracted competitive re-procurement, the Government would not have a reasonable assurance that the contractor would possess the minimum qualifications for the required services.

Accordingly, an interim or bridge contract procured via the prior incumbent, without the burden of a protracted competitive technical evaluation, is only means to ensure the necessary technical services are provided.

A review of the source selection decision document from the prior procurement revealed that only two firms responded to the solicitation. While the decision document reveals that a second firm was found to be minimally technically acceptable in 2016, without subjecting that second firm to a technical evaluation via a protracted competitive procurement now, the Government has no reasonable assurance that the second firm currently possesses the technical qualifications needed to ensure the building systems are properly serviced.

In addition, the prior incumbent is the only firm that currently possesses a working knowledge of the current facilities that can seamlessly resume the services understanding what requirements might have become critical during the contract lapse. As described above, RDT-ST, through the issuance of Contract No. W91236-16-D-0003, previously performed and successfully provided preventative maintenance and repair services in for DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. RDT-ST’s successful performance under Contract No. W91236-16-D-0003, demonstrates it possesses the detailed knowledge, technical expertise, and required training to effectively continue performance of the facilities service requirements under this contract. All personnel managing the operation of these school facilities and critical systems must understand how to fully utilize the CMMS system. RDT-ST is fully certified on the CMMS system and has completed the requisite Asbestos Hazardous Emergency Response Act (AHERA) training, thereby allowing for uninterrupted service.

Additionally, RDT-ST has experienced team members able to continue accomplishing these services for DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama and previously completed all necessary training required to support this contract. Ultimately, RDT-ST is the only contractor capable of performing the facility operation and maintenance requirements under this interim/bridge contract without a significant lapse in service. Award to any other firm would create unacceptable delays in fulfilling DoDEA’s requirement since it would require a solicitation, award and

28-Mar-19 Page 5 of 9 mobilization of a new workforce to begin full performance in less than 30-days, which is not feasible for a contract of this scope and complexity.

As described above, this proposed interim/bridge contract only includes the scope of services included in the preventative maintenance services requirement and does not include the ability to place demand maintenance task orders. The proposed action only includes preventative maintenance services because such facilities services reasonably constitute a compelling requirement necessary to ensure health and safety of students and educational staff at DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. The services included under this proposed interim/bridge contract are necessary to ensure that the systems covered under this contract, which require reoccurring checkups and adjustments during the six (6) month period of this contract, are properly functioning and maintained throughout the period of performance. Accordingly, the facilities services included in this contract ensures that systems, many of which are critical and higher in required effort and technical competency (e.g., mechanical systems, electrical systems (DDC), kitchen equipment, critical system controls, etc.) in respective school facilities are properly, safely, and efficiently operating/functioning.

(3) Impact:

If this Justification and Approval is not approved, there will be an unacceptable lapse of critical facilities services for DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama, which will impact the operation of the thirteen (13) facilities included under the contract and may also possibly result in an unacceptable risk to the life, health and safety of the students and educational staff. This is especially concerning considering that the DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama will be occupied and in operation throughout the period associated with this proposed contract. Accordingly, a risk of DoDEA schools and support facilities becoming non-operational during the period associated with this proposed contract is unacceptable. If a school were to close unexpectedly, the impact would be far greater than just adversely impacting the children’s education - a school closure would also result in a second-order adverse impact to the respective installation’s mission.

As discussed above, DoDEA does not have available personnel with technical expertise or capability to perform the services required under the contract if there is a lapse in service. The local installation DPW also does not provide facility engineering support to the facilities covered under this proposed action.

Accordingly, there would be an extended lapse in services if this Justification and Approval is not approved.

A lapse in services will also result in increased future repair and maintenance costs associated with DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama since critical operating systems would be functioning without necessary operations, maintenance, and inspections. If this six (6) month interim/bridge contract for preventative maintenance services is not approved, then it is possible that some of the systems and equipment (e.g., mechanical, electrical, kitchen equipment, etc.)

which fall under the requirements of this contract will fail to operate correctly and safely.

Failure of a system in a school may result in multiple issues with a broad range of outcomes from an unsuitable educational environment to possible dire life, health or safety consequences. For example:

• Systems will not be switched from heating to cooling mode during the six (6) month interim/bridge contract. Since of most of the systems are unable to automatically adjust modes due to age, the contractor is required to manually perform the heat to cool switch. During such switch, pumps are adjusted, motors realigned, couplings replaced, and the system is set for optimal operation. If this action is not completed, then the facilities under this contract will not be heated and such facilities may be forced to close due to an unsuitable and/or unsafe educational environment.

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• Chiller and roof top units will not be inspected with filters replaced, glycol added, oil changed, and sensors calibrated during the six (6) month period of performance. These activities are essential to ensuring that dust and other particulates do not clog these system thereby causing inefficient operation and/or system failure. Inefficient operation and/or system failure may result in a lack of cooling for the facilities under this contract and may force closure of such facilities due to unsuitable and/or unsafe indoor air quality. Furthermore, inefficient operation and/or system failure may result in an environment which could allow for mold, mildew, and other microbial growth, which are a major cause for health concerns. Should these conditions occur, then such facility would need to be immediately closed until that issue is remedied.

• Liquid desiccant units (LDU), which remove moisture from the cooled and condensed air by providing critical “reheat,” will be examined, maintained, and adjusted during the six (6) month period of performance. If not operating correctly, LDU will cause unacceptable indoor air quality (IAQ) issues including high humidity, further contributing to mold, mildew, and other microbial growth.

• Kitchen equipment will be regularly maintained and have periodic inspections conducted during the six (6) month period of performance. These activities include filter changes, hood cleaning, burner adjustments, system defrosting, cleaning, etc. If these services and inspections are not conducted, then kitchen equipment will be required to shut down which will either force DoDEA to contract with outside agencies to provide meals for its students or to not offer meals at all.

• Direct Digital Control (DDC) systems will be adjusted and calibrated during the six (6) month period of performance. Adjustment and calibration of DDC systems is critical to ensuring mechanical, some kitchen, and other systems in facilities are functioning correctly and safely. If DDCs are not regularly maintained and inspected, respective portions of, or in some cases whole facilities, could be shut down due to health and safety concerns. In fact, the failure to regularly inspect and maintain the DDC system (main building controllers, unit and central plant controllers, alarms, pumps, etc.) could also result in dire life and safety concerns.

In short, the facilities services to be performed under this proposed interim/bridge contract are critical to the continued operation of DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama and are essential to ensuring a safe and comfortable educational environment. Approval of the Justification & Approval would avoid the unacceptable lapse in critical preventative maintenance service described above and would enable DoDEA to meet its mission essential educational requirements and prevent the potential serious injury to the Government.

6. EFFORTS TO OBTAIN COMPETITION:

As described above, the need to provide an interim bridge contract without a protracted competitive procurement is necessary to mitigate the period during which critical services to building systems are not being provided. Accordingly, the Government must issue the RFP for the bridge contract to the prior incumbent contractor only. Beyond the bridge contract, the Norfolk District is in the process of soliciting a competitive small business set-aside contract for the provision of preventative and demand maintenance and repair services in support of DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. The contract period associated with the bridge contract proposed in this Justification & Approval may be reduced if the new contract is solicited and awarded prior to the expiration of the six (6) month period of performance.

7. ACTIONS TO INCREASE COMPETITION:

Norfolk District is in the process of soliciting a competitive small business set-aside for the provision of preventative and demand maintenance and repair services in support of DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama. The proposed small business set-aside solicitation will be organized as a base plus four (4) one-year options with expectation of award during the

28-Mar-19 Page 7 of 9 fourth quarter of Fiscal Year 2019. Adequate competition is expected based on historical procurements and market research on similar projects. The contract period associated with the action proposed in this Justification & Approval may be reduced if the new contract is solicited and awarded prior to the expiration of the six (6) month period of performance.

8. MARKET RESEARCH:

In accordance with FAR 6.302-2(c)(1), this justification was approved after award consistent with the underlying urgency.

Regarding the requirements of FAR 6.302-2(c)(2), as documented within the Government considered the possibility of requesting offers from additional sources but determined under the circumstances that it is not practical to do so while ensuring the technical qualifications of an urgently procured interim contractor are minimally acceptable.

9. INTERESTED SOURCES:

As noted above, the Government examined the procurement history noting other potential interested sources. However, as discussed more fully above the technical requirements will not permit a competitive re-procurement for the bridge contract. For the permanent replacement contract, the Government will solicit on a full and open basis except where market research suggests a potential set-aside.

10. OTHER FACTS:

The proposed six (6) month period of performance associated with this action will only be utilized to the extent necessary.

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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.

Thomas Booth, PE, PMP Deputy Chief, Engineering & Construction Division USACE, Norfolk District

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.

Cheryl Fromme, PE Chief, Engineering & Construction Division

13. FAIR AND REASONABLE COST DETERMINATION:

In accordance with Federal Acquisition Regulations (FAR) 15.402, I hereby determine that the supplies and/or services procured under this contract are procured at a fair and reasonable price through the use of historical pricing data, audit, and other means, as deemed necessary.

Eartha Garrett Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Eartha Garrett Contracting Officer

28-Mar-19 Page 9 of 9

15. LEGAL SUFFICIENCY REVIEW:

I have determined this justification to be legally sufficient.

Kyle Guess Assistant Counsel

16. APPROVAL:

Based on the foregoing justification, I hereby approve a six (6) month contract with RDT-Semper Tek Joint Venture, LLC for preventative maintenance services in support of the DoDEA facilities at Fort Benning, George; Fort Rucker, Alabama; and Maxwell AFB, Alabama on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2), FAR 6.302-2, Unusual and Compelling Urgency, and provided the services herein described have otherwise been authorized for acquisition.

Ekaterina Oxley District Chief of Contracting