Gordon_JA_2017_26_Redacted.pdf

MICC Control No: 2017-26 Contractor: Akima Global Services

Program/Equipment: Base Operations and Maintenance Support Services

Version – MAY 2016 FOR OFFICIAL USE ONLY 1

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Base Operations and Maintenance Support Services for the Directorate of Public Works, Fort Gordon, Georgia

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:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Program/Equipment: Base Operations and Maintenance Support Services

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

Program Manager:

DSN:

Signature: ____________________________ Date: See Digital Signature

Legal Counsel:

DSN:

Signature: ____________________________ Date: See Digital Signature

Local Small Business Specialist:

DSN:

Signature: _______________ ____ Date: See Digital Signature

Contracting Office Division Chief:

DSN:

Signature: ________ ____ Date: See Digital Signature

Director, MICC-Fort Gordon:

DSN:

Signature: ____________________________ Date: See Digital Signature

Director, Field Directorate Office - Eustis:

DSN:

Signature: ______________ ____ Date: See Digital Signature

Assistant Director, Small Business Programs:

DSN:

Signature: ___ Date: See Digital Signature

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MICC Office of Counsel:

DSN:

Signature: ________________ ______ Date: See Digital Signature

Special Advocate for Competition:

DSN:

Signature: _ _ Date: See Digital Signature

Program/Equipment: Base Operations and Maintenance Support Services

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

1. Contracting Activity: Mission and Installation Contracting Command (MICC) – Fort Gordon, 271 3rd Street, Bldg. 35200, Fort Gordon, Georgia 30905-5719.

2. Description of Action: IMCOM U.S. Army Garrison – Fort Gordon Directorate of Public Works requests a Cost-Plus Award Fee contract modification to contract W91249-16-C-0006 with Akima Global Services, LLC, 3901 Old International Airport Rd., Suite 200G, Anchorage, AK 99502. This bridge contract was awarded and authorized under the provision of 10 U.S.C. 2304(c)(5) as implemented in Federal Acquisition Regulation 6.302-5(b)(4), Sole source awards under the 8(a) Program (15 U.S.C. 637). The Government projects execution of the extension for 31 March 2017 and fiscal year 2017 Operations and Maintenance funds will be used. This extension is required to maintain continuity of services and allow sufficient time to solicit and award a competitive 8(a) follow-on contract.

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: The Directorate of Public Works (DPW) at Fort Gordon, Georgia has a requirement to provide Base Operations, Maintenance, and Support services (BASOPS). Fort Gordon has approximately 56,000 acres that contain several hundred buildings and facilities ranging in size from very large to very small, all of varying ages. These facilities provide essential training and barracks support for the installation. The contractor is required to provide all management, supervision, personnel, training, travel, equipment, supplies, facilities, transportation, tools, materials, supervision, and any other items necessary to perform non-personal services for Base operations support as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property (GFP) and services.

Installation support services shall include: Mobilization and Other Contingency Planning; Work Management and Administration; Project Accomplishment;

Environmental Effects Services; Pest Control Services; Facilities Maintenance and Repair Services; Maintenance – Grounds; Maintenance - Surfaced and Unsurfaced Areas; Plant Operations Services and Miscellaneous Services; Real Property Maintenance Activity Supply and U-DO-IT Services; and Unaccompanied Personnel Housing (UPH).

Period of Performance: 01 April 2017 - 31 March 2018

Total Value:

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.

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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.

b. Introduction. Given the complexity and magnitude of the contracted effort, and the critical need to avoid a break in service; it would be unduly disruptive to initiate a time-consuming competitive award process for the twelve-month extension period. Any break in service currently provided under the existing contract would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the IMCOM U.S. Army Garrison-Fort Gordon requirement (See paragraph 5f. for further rationale).

c. Background. This requirement was initially submitted to MICC-HQ for approval of an 8(a) competitive requirement. Per guidance from MICC-HQ, the acquisition strategy was changed from a competitive 8(a) requirement to a sole source 8(a) ANC HUBZone requirement.

An acceptance letter was received from SBA-Alaska District Office on 20 August 2015 allowing the Government to pursue an 8(a) ANC HUBZone requirement to Kikikitagruk Inupaiat Corporation Facilities Management, LLC (KICFM). KICFM submitted their final revised proposal on 20 May 2016. After evaluations were completed, it was determined by the source selection authority (SSA) overall KICFM did not demonstrate the knowledge, skills, and ability to comprehend and effectively explain how the required work would be executed IAW the Performance Work Statement. The Government did not believe that negotiations would result in the receipt of an acceptable proposal.

Therefore, on 09 November 2016, the Government submitted a withdrawal letter to the SBA-Alaska District Office of its offer to sole source the BASOPS due to the reasons identified above.

On 03 February 2017, the Government received notification from SBA-Alaska District Office of its concurrence of the Government’s request to withdrawal the offering letter submitted to KICFM for Base Operations and Maintenance Support Services at Fort Gordon, Georgia and approval to temporarily release this requirement from the 8(a) program to allow adequate time to award a competitive 8(a) follow on contract.

An acceptance letter was also received from SBA-Atlanta District Office on 01 February 2017, allowing the Government to pursue a competitive 8(a) requirement.

d. Alternatives. The following alternatives to the proposed twelve month extension were taken into consideration: suspension of operations, use of in-house resources, award a non-competitive contract, or extend the current contract. The most reasonable and cost effective course of action at this time is to modify the current contract and extend the period of performance until 31 March 2018.

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

The DPW service for facility maintenance are provided under this contract and are directly tied to the installation’s mission accomplishment. Failure to provide these services will cause a major disruption of Fort Gordon’s and the Army’s mission. The intrinsic value of this contract has become more evident as the installation struggles to find services that can be eliminated or reduced in order to accommodate budget shortfalls. The current DPW service have been pared to the minimum levels necessary to support the installation.

2. Use of In-House Resources: The current contractor employs a staff of 168 Full-Time Equivalents (FTEs) to perform DPW functions. It would take 60-90 days to recruit and hire through the civilian personnel system and then an additional 90 days to train the personnel necessary to support the current requirement. This five to six month period renders this alternative unrealistic.

3. Award a Non-Competitive Contract: A sole-source award could be feasibly negotiated for the twelve (12) month extension period. However, it would be neither cost effective nor realistic for another contractor to perform during that time period.

Based on the phase-in period of 60 days, the costs incurred when this contract was awarded would be duplicated unnecessarily if a separate award was created for the 12 month extension period. Even if a follow-on contract could be awarded on a non-competitive basis before expiration of the current period of performance, a new contractor would need a transition period of 60 days and additional funding would have to be allocated to fund this transition. This cost would then be duplicated again at the end of the twelve-month period when a full follow-on contract is awarded. This is an unnecessary duplication of costs. Additionally, a new contractor may need to recruit/relocate/transfer staff, transfer and establish accountability of Government Furnished Property (GFP), and issue any subcontracts needed for continued performance. The high risk of mission failure presented by this alternative in addition to the unnecessary duplication of costs renders this alternative as unacceptable.

4. Extend the current contract. A bilateral modification to extend the period of performance is the only acceptable option. The incumbent contractor, Akima Global Services, LLC, is the only source reasonably available to provide the required services for the requested extended period of performance until a competitive follow-on contract is awarded. Akima Global Services, LLC has the labor structure in place that will ensure the continuity of operations of services for the requested additional twelve (12) months of performance without any interruption in the mission.

e. Justification. The incumbent contractor, Akima Global Services, LLC, is the only available source that can bridge the currently provided services until a new, competitively awarded contract can be executed due to the magnitude and complexity of the requirement and the time available before the current contract expires. With a current staff of FTEs, the contractor is responsible for providing DPW support personnel for Fort Gordon, Georgia. Due to non-severability, the contractor would have to stop work on unfinished projects by the end of the contract on 31 March 2017.

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Therefore, by extending the current contract, work can continue with Akima Global Services, LLC; which would eliminate the risk of duplication of costs to the Government due to transitioning of a new contractor. Therefore, a twelve month extension of the current contract is required to achieve a 26 January 2018 award date for the follow-on acquisition, with full performance beginning 01 April 2018, accounting for a 60 day phase-in period.

Other contractors would likely be capable of providing similar services if there were adequate time available to compete the requirement and allow sufficient time for a reasonable transition and phase-in. However, it is unrealistic to solicit for services of this magnitude, award, and transition to a new contract within the time currently remaining. The current contractor has approximately pieces of Government Furnished Property (GFP) which would have to be inventoried and turned in prior to transition to another contractor. The time associated with conducting a 100% joint inventory with the incumbent, successor contractor, and Government is cost prohibitive in the short time frame available. It will take extensive labor hours, in excess of one month, from each source to conduct a joint inventory. Awarding a short-term contract to a source other than the incumbent contractor would not be cost effective for the Government and would have a significant impact on the phase-in/phase-out costs.

f. Impact. The failure to obtain approval of this J&A will result in Fort Gordon jeopardizing its mission to support the Army’s Cyber, Center of Excellence (CCoE), to train students, and fulfill the Army’s mission for cyber training, resulting in unacceptable delays in fulfilling the agency’s requirements.

Without continuity of DPW services for maintenance of buildings and structures on Fort Gordon, the installation’s buildings and structures would deteriorate below the Army standard for operational ability, resulting in potential closures of the facilities and disruption of training due to health and safety issues. Trainees require fully operational facilities at all times for both training and housing in order to successfully complete their training cycles. The maintenance of the buildings is essential to the training effort. In addition, without continuity of dining facility maintenance, the dining facilities would have to be closed due to health and safety issues. Fort Gordon has 4 dining facilities that feed over 2,716,907 meals per year. In the event of closure, training would halt because soldiers will not be sustained to the standard required to maintain necessary daily caloric intake. Failure to keep the HVAC systems operational would not provide the required climate control for barracks necessary to ensure sufficient rest and recovery of soldiers and could also promote health and safety issues. Also, failure to keep the grounds and ranges adequately maintained would result in significant injuries to soldiers that would disrupt training efforts. Fields and ranges must constantly be cleared of undergrowth and platforms and latrines must receive preventative maintenance to avoid potential hazards and injury to soldiers. Failure to keep the surfaced areas maintained would cause interruptions in transportation of soldiers to the various ranges and training facilities spread across the installation.

In addition, award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. Award to another source for an interim requirement would result in the duplication of phase-in and

Program/Equipment: Base Operations and Maintenance Support Services

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6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable. MICC-Fort Gordon shall publish the notices required by FAR 5.201 announcing the intent to negotiate a twelve (12) month extension on a sole source basis with the incumbent contractor, Akima Global Services, LLC.

b. Subcontracting Competition: Akima Global Services, LLC has a history of subcontracting with small businesses whenever possible. These efforts will continue into the twelve-month extension period and will be evaluated in the award fee determination. Akima Global Services, LLC established procedures include stringent adherence to competing subcontracts whenever feasible.

7. Actions to Increase Competition: Based on the information in paragraph 5, above, competition for an interim contract until the follow-on contracts can be awarded is not a feasible option. However, the follow-on contracts will be set-aside for open competition among eligible 8(a) vendors.

8. Market Research: Market research revealed there are many 8(a) vendors capable of providing the services identified in the description of services. However, market research for this short-term requirement will consist of the publication of the intent to sole source on the FedBizOpps website. Due to the highly complex nature of this requirement and the time involved, MICC-Fort Gordon does not anticipate industry interest in the current extension; however, the new acquisition for the competitive 8(a) will be synopsized and published for competition among 8(a) firms.

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 sources sought notice was posted to Federal Business Opportunities website on 03 February 2017 for 45 calendar days and the results were as follows:

Program/Equipment: Base Operations and Maintenance Support Services

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b.

9. Interested Sources: The notices required by FAR 5.201 shall be published, and any bids or proposals received shall be considered.

10. Other Facts:

a. Procurement History

Contract: W91249-14-C-0002 Contractor: Akima Global Services, LLC Award Date: 31 March 2014 POP: 01 April 2014 – 30 November 2014 Competitive Status: Sole Source IAW 6.302-1 Award Value:

POP Extension: IAW FAR 52.217-8, 6-months from 01 December 2014 – 28 February 2015 for

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Contract: W91249-15-C-0003 Contractor: Akima Global Services, LLC Award Date: 27 February 2015 POP: 01 March 2015 – 30 September 2015 Competitive Status: Direct 8(a) Award IAW FAR Part 19 Contract Value:

POP Extension: IAW FAR 52.217-8, 6-months from 01 October 2015 – 31 March 2016 for

Contract: W91249-16-C-0003 Contractor: Akima Global Services, LLC Award Date: 31 March 2016 POP: 01 April 2016 – 30 September 2016 Competitive Status: Direct 8(a) Award IAW FAR Part 19 Contract Value:

POP Extension: IAW FAR 52.217-8, 6-months from 01 October 2016 – 31March 2017 for

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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.

_________________ ____ 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 and belief.

_______________ ______ Date: See Digital 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. The basis for this determination for fair and reasonable will be price/cost analysis utilizing procurement history and the Independent Government Cost Estimate. In accordance with FAR 15.403-3, Certified cost and pricing data will be obtained, and other than certified price and cost data will be available for use to make the determination for fair and reasonable cost for commercial items.

__ ______ Date: See Digital Signature

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

_______________ ______ Date: See Digital Signature

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