MICC_2016-12_JA_UMCD_Redacted.pdf

MICC 2016-12 Ft Sam Houston 2016-04

FOR OFFICIAL USE ONLY (removed when posted to internet)

Justification and Approval for Other Than Full and Open Competition

DESCRIPTION OF PROGRAM: Caretaker Services at Umatilla Chemical Depot, OR

Authority: Title 10, United States Code 2304(c) (5) as implemented by Federal Acquisition Regulation 6.302-5(a), Authorized or Required by Statute

Amount: $4.3M

Prepared by:

Name: DSN:

Title: Date: _______________

Email:

Name: DSN:

Title: Date: _______________

Email:

Name: DSN:

Title: Date: _______________

Email:

Name:

Date: _______________

Email:

6 Jan 2016

160112

6 Jan 2016

6 Jan 2016

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

DSN:

Signature: _ __ Date: See Digital Signature

Signature: Date: See Digital Signature

Signatur Date: See Digital Signature t DSN:

Signature: Date: See Digital Signature ou=USA, FOR OFFICIAL USE ONLY (removed when posted to internet)

Justification and Approval for Other Than Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command Center - Fort Sam Houston (MICC-FSH)

2. Description of Action: This is a new Cost-Plus-Fixed-Fee contract using Base Realignment and Closure (BRAC) funds.

3. Description of Supplies/Services: This requirement is for the follow-on acquisition of Caretaker Services at the Umatilla Chemical Depot (UMCD) in Umatilla, Oregon. These services are required to allow the Office of the Assistant Chief of Staff for Installation Management BRAC Division to complete all transfer/conveyance transactions from the Army to the State of Oregon Military Department and the Local Redevelopment Authority (Umatilla Army Depot Reuse Authority) pursuant to the requirements of the 2005 BRAC Law (as amended). The caretaker operations include maintenance of facilities, installation security, maintaining equipment, utilities and grounds, communications, purchasing, postal services, and vehicle support. The total estimated value of this contract, estimated to continue up to as long as 42 months in duration for processing final transfer is $4.3M.

4. Authority Cited: Title 10, United States Code (USC) 2304(c)(5) as implemented in Federal Acquisition Regulation (FAR) 6.302-5(a)(2)(i), Authorized or Required by Statute.

5. Reason for Authority Cited: Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-5(b)(ii) states that agencies may use this authority to acquire police, fire protection, airfield operations or other community services from local governments at military installations to be closed under the Defense Base Closure and Realignment Act. Under this authority, the Government intends to enter into a contract with the State of Oregon Military Department.

a. The UMCD was designated for closure by the 1998 BRAC Commission. Section 2905(b) (8) (A) of the Defense Base Closure and Realignment Act, as amended, provides the Secretary of Defense special authority for certain actions. These include entering into “agreements (including contracts, cooperative agreements, or other arrangements for reimbursement) with local governments and redevelopment authorities for the provision of police or security services, fire protection services, airfield operation services, or other community services at military installations to be closed under this part, or at facilities not yet transferred or otherwise disposed of in the case of installations closed under this part…”

b. Alternatives:

(1) Suspension of operations: This is not a viable option. The caretaker support services provided under this contract are directly tied to the security of and the minimization of deterioration of facilities in order that they may be conveyed to the Local Redevelopment

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Authority or other entities pursuant to the final closeout of this installation, and cannot cease without causing significant harm to the BRAC process. The functions provided by this contract are critical to the accomplishment of the BRAC mission at this installation.

(2) Use of in-house resources: Government personnel cuts and reliance on contractors to perform critical support functions over the years have resulted in the shift of technical expertise from the government to private industry. The amount of time required to recruit and hire qualified Government personnel through the civilian personnel system and then train the personnel to support the current requirement render this alternative unrealistic and unachievable in the time available to do so.

(3) Award a competitive contract: Due to the remote location and the unique nature of the work, there is not a reasonable expectation that commercial industry would be capable of executing the required services. In the exceptional case that commercial industry could provide adequate services to support such an effort, it would take a minimum of 30 days for a new contractor to recruit and hire qualified personnel, obtain necessary equipment and resources, and acclimate to the requirements in order to become fully functional and perform the required caretaker support services. During the transition period, in order to maintain a consistent level of caretaker support, the Government would require the continued services of the incumbent contractor.

c. Justification: Awarding the caretaker contract follow-on to the State of Oregon Military Department is in the best interest of the Department of Defense (DoD) to protect the Army's interest until such time as the land can be transferred/conveyed. During the course of a single caretaker contract period, subsections or parcels of Army (federal) property may be transferred.

The timing of property transfers are complex and cannot be accurately projected due to regulatory approvals involving Federal, State, City, local communities, and civilian organizations, all of which fall outside the Army’s span of control and scheduling influence. It is anticipated that 7,500 acres of the UMCD, including the administration area, will be transferred to the Army National Guard and subsequently to the Oregon National Guard. The conveyance date on the property is undetermined, but is projected to be during Fiscal Year 2016. At this time, only the incumbent contractor has the necessary management and labor structure in place that will ensure continuity of services. The UMCD was deactivated on 01 August 2012, and the Oregon Military Department has operated the facility since. No vendor other than the State of Oregon Military Department has the skill sets, institutional knowledge, or vested interest to maintain the facility. If this requirement was awarded to a company rather than the State of Oregon Military Department, it would take a month for the new contractor to become fully functional. During the transition period, in order to maintain a consistent level of caretaker support, the Government would require the continued services of the incumbent state provider.

d. Prior Acquisitions: The last two contracts for the caretaker operations at the UMCD were awarded to the State of Oregon Military Department as sole source contracts under the authority of 10 USC 2304(c)(5) as implemented by FAR 6.302-5, Authorized or Required by Statute. The procurement history is listed at paragraph 10.a.

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e. Impact: In general, the caretaker operations are not intended to improve the condition of facilities and grounds but to control the deterioration of facilities. Any degradation of the facilities would be in violation of BRAC policy. Failure to implement this contract will result in a break in the service which protects Government assets by providing caretaker services at UMCD. DoD Manual 4165.66-M, Base Redevelopment and Realignment Manual, states that each Military Department is responsible for protecting and maintaining such assets in order to preserve the value of the property. This contract provides for the State of Oregon Military Department to perform physical security tasks, including securing the main gate and conducting random patrols, as well as caretaking maintenance and inspection services. There would be a health, life, and safety risk if the performance of this effort is permitted to lapse.

6. Efforts to Obtain Competition: There are no efforts to obtain competition, since Defense Base Closure and Realignment Act authorizes the Government to enter into contracts with state municipalities for purposes of executing caretaker services. Unless there are changes to the statute, competition is not realistic.

7. Actions to Increase Competition: Due to the unique nature of the requirements, and the statutory authority of the Defense Base Closure and Realignment Act, no actions are planned to increase competition.

8. Market Research: Extensive market research was not conducted for this procurement, since there is no added value for surveying local industry to ascertain competition when competition is not expected, since the requirement is authorized under BRAC Law.

9. Interested Sources: A notice of sole-source intent will not be published since itis exempt from synopsis in accordance with FAR 5.202(a) (4), “expressly authorized or required by a statute. Further the intent to award is exempt from the notices required by FAR 5.201. However, a redacted J&A will be posted to industry for notification purposes.

10. Other Facts:

a. Procurement history. The caretaker mission at the UMCD installation began 01 August 2012. The State of Oregon Military Department has been the only provider of those services.

(1) Current Contract: W9124J-15-C-0011 ($1.5M, FP w/ Cost CLINs) Contractor: State of Oregon Military Department Award Date: 06 January 2015 Competitive Status: Sole Source Authority: 10 USC 2304(c)(5) (J&A 15-25)

(2) Previous Contract: W9124J-14-C-0011 ($1.3M, FFP) Contractor: State of Oregon Military Department Award Date: 31 January 2014 Competitive Status: Sole Source

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Authority: 10 USC 2304(c)(5) (J&A 14-23)

(3) Initial Contract: W52P1J-12-C-Z990 ($5.95M, FFP) Contractor: State of Oregon Military Department Award date: 25 July 2012 Competitive Status: Sole Source Authority: 10 USC 2304(c)(5)

b. Other facts. In accordance with FAR 6.305(a) a copy of this justification and approval must be posted within 14 days of award.

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.

Carolyn Jones Signature: ______________________

Program Manager, BRAC Division 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.

Jennifer M. Adewale Signature: ______________________

Contract Manager, BRAC Division Date: See Digital Signature

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. The cost analysis techniques identified in FAR 15.404-1(c) (2) (iii) and 15.404- 1(e), Technical analysis will be used to ensure award will be at fair and reasonable prices.

Certified cost or pricing data will be requested, relied upon for negotiations, and certified current accurate and complete by the Contractor after negotiations.

Christina M. Mokrane Signature: ______________________

Contracting Officer 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.

Approval

Based on the foregoing justification, I hereby approve the procurement of Caretaker Services at the Umatilla Chemical Depot from the State of Oregon Military Department for up to 42 months at an estimated $4.3M on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c)(5) as implemented in FAR 6.302-5, Authorized or Required by Statute, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

______________________ Date: See Digital Signature

Dean M. Carsello Special Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX

MICC Control No. 2016-12 Ft. Sam Houston 2016-01

FOR OFFICIAL USE ONLY 1

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

SUBJECT: ADDENDUM TO CORRECT CONTRACT TYPE

DESCRIPTION OF PROGRAM: Caretaker Services at Umatilla Chemical Depot, OR

Authority: 10 United States Code (USC) 2304(c) (5) as implemented by FAR 6.302-5(2) (i), Authorized or Required by Statute.

Estimated Amount: $4,300,000.00

1. The description of action of the J&A document is changed from “Cost –Plus-Fixed-Fee contract using Base Realignment and Closure (BRAC) funds” to Cost Reimbursable contract using Base Realignment and Closure (BRAC) funds”.

Contracting Officer Certification:

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