FAR-Part6-JA_RBAAP_Redacted.pdf

Control No: Sam Houston 2019-11 Contractor: City of Riverbank, CA

Program/Equipment: BRAC-RBAAP

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment Base Realignment and Closure (BRAC) Division (BRAC-D) of the Assistant Chief of Staff for Installation Management (ACSIM) has a requirement for Caretaker Services at Riverbank Army Ammunition Plant, Riverbank, CA.

Authority:

10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. (Refer to FAR Part 6.302-5(b) for specific US Code authorities for purchasing from mandatory sources identified in FAR Part 8 or 19.)

Amount:

Prepared by: D 0 Contract Specialist Date:

Em :

Contracting Officer: er D 7 Contracting Officer Date:

Em :

Technical: D 3 ACSIM BRAC Contracts Manager Date:

Em :

Requirements: er D 8 BRAC Program Manager Date:

E il

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

Program Manager:

DSN:

Date: See Digital Signature

Legal Counsel:

DSN:

Date: See Digital Signature

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

1. Contracting Activity: U.S. Army, Mission and Installation Contracting Center, Fort Sam Houston (MICC-FSH), Texas.

2. Description of Action: The Base Realignment and Closure (BRAC) Division (BRAC- D) of the Assistant Chief of Staff for Installation Management (ACSIM) requests a firm-fixed-price contract with the City of Riverbank, California’s Local Redevelopment Authority (LRA). The Government projects award on or before 01 October 2019. Fiscal Year September 2019, BRAC-non expiring Operations and Maintenance, Army funds will be used.

3. Description of Supplies/Services: Caretaker operations at RBAAP include maintenance of facilities, installation security, equipment, utilities and grounds, communications, purchasing, and postal services.

Base Period: 1 October 2019 to 30 September 2020 Value:

Option Period 1: 1 October 2020 to 30 September 2021 Value:

Option Period 2: 1 October 2021 to 30 September 2022 Value:

FAR 52.217-8: 1 October 2024 to 31 March 2025 Value:

Total:

4. Authority Cited:

10 U.S.C. 2304(c)(5) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-5 -- Authorized or Required by Statute. (Refer to FAR Part 6.302-5(b) for specific US Code authorities for purchasing from mandatory sources identified in FAR Part 8 or 19.)

5. Reason for Authority Cited: On 9 November 2005, the BRAC Commission's recommendations for reshaping the Defense Department's infrastructure and force structure officially became law. The 2005 BRAC recommendations included the closure of Riverbank Army Ammunition Plant (RBAAP). The 2005 BRAC statute, as amended, Section 2905(b) (8) (A) (8) (A) subparagraph (C), 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 for the provision of police or security services, fire protection services, airfield operation services, or other community services by such governments 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, if the Secretary determines that the provision of such services under such agreements is in the best interests of the Department of Defense.” This determination has been delegated to the Head of the Contracting Activity (HCA) by incorporating Defense FAR Supplement (DFARS) 237.7401.

(a) As described in FAR 6.302-5, full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency’s need is for a brand name commercial item for authorized resale.

(b) Alternatives:

1) Suspend Operations: The BRAC valuation for the facilities requires maintenance and caretaking prior to transfer. Without caretaking, facilities would degrade quickly. Therefore, this is not a viable option, as the property is to be maintained as required by BRAC law.

2) Award a Competitive Contract: Due to the imminent conveyance of several parcels of property, a competitive action would not be feasible. Due to the fact that the Department of the Under Secretary of Defense (DUSD) Installation and Environment has concurred with the Economic Development Conveyance of the property to Riverbank Local Redevelopment Authority (RLRA) and the unique nature of the work, there is not a reasonable expectation that commercial industry would be capable of executing the required services. The RLRA already manages the installation and oversees current tenants utilizing the excess facilities, in the case that commercial industry states they could provide adequate services to support such an effort, it would take numerous months for a new contractor to become fully functional, as they would be required to have the ability to comply with BRAC law. 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. With the imminent conveyance of parcels of property, a short-term FAR-based FFP contract would allow for time to resolve any issues and finalize the transfer of any parcels of property.

3) Enter into a sole source contract with RLRA: The conveyance date on the property is undetermined. As mentioned above, if this requirement was awarded to a company other than RLRA, it would take numerous months 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 contractor. The Government estimates that the transition would cost the Government a significant amount more than the estimated cost to maintain RLRA for caretaker support until such time the facility is conveyed. But more importantly, no one has more institutional knowledge or vested interest than the RLRA.

(c) Address the following as applicable.

1) The conveyance date on the property is undetermined.

2) As previously stated, competition is not applicable due to the unique legal requirements of BRAC, so no efforts have been taken.

3) Impact: Failure to implement this contract will result in a break of service that protects the government’s assets by providing caretaker services at RBAAP. In accordance with DOD Manual 4165.66-M, Base Redevelopment and Realignment Manual, the Army (responsible Military Department) must provide the minimum services necessary to preserve the Government’s interests. This contract provides for the RLRA to perform physical security tasks, including securing the main gate and conducting random patrols among other caretaking services in accordance with DOD 5100.76-M, Army Regulation (AR) 190-11, Chapter 4.8; AR 190-13, Ch 5 & 6; and AR 190-51.

There would be a substantial health, life, and safety risk if the performance on this contractor is permitted to lapse.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(4), this action will not be synopsized.

(a) Effective Competition: Because this is a sole source action, effective competition is not applicable.

(b) Subcontracting Competition: Although a local municipality, the City of

Riverbank Local Redevelopment Authority is classified as a Government Agency. A subcontracting plan is not required as it does not meet the threshold outlined in FAR 19.702(a)(1).

7. Actions to Increase Competition: No actions will be pursued to increase competition, since competition is not available due to the unique legal requirements of BRAC. However, subcontracting with small businesses will be encouraged.

8. Market Research: Market research is limited. As outlined above, a contract with the RLRA is the best viable choice for performance of the services. The Performance Work Statement contains security elements that are precluded from being contracted to a commercial entity in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 237.102-70. Other caretaking services are likewise more appropriately provided by the RLRA. Under the 2005 BRAC statute, these requirements may be met with contracting with state governments at military installations to be closed.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition except for the below (the proposed source):

Riverbank Local Redevelopment Authority (0RU61) 5300 Claus Road, Suite 1 Modesto, California 95357

10. Other Facts:

a. Procurement History:

(1). Current Lease: DACA05-1-16-516 Contractor: Riverbank - Local Redevelopment Authority – RLRA

Award Date: 15 March 2017

Competitive Status: Sole Source Authority: 10 U.S.C. 2304 (c) (5)

(2). Initial Lease: DACAOS-1-10-525 Contractor: Riverbank - Local Redevelopment Authority – RLRA Award date: 1 April 2010 Competitive Status: Sole Source Authority: 10 U.S.C.2304(c) (5)

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.

Program Manager:

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.

Program Manager:

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 techniques identified at FAR 15.404-1(b)) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer will use a comparison of industry cost for similar work. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Additionally, the techniques identified at FAR 15.404-1(c)(2)(iii) will be used to further ensure award will be at fair and reasonable prices. Certified Cost and Pricing Data will be obtained.

This determination will be made using the following: cost analysis price Analysis should cost IGCE audit: other:

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contracting Officer

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 Riverbank Army Ammunition Plant to the City of Riverbank Local Redevelopment Authority (LRA) for up to 42 months at an estimated on an other than full and open competitive basis pursuant to the authority of 10 U.S.C.2304(c)(5) as implemented by Federal Acquisition Regulation (FAR) 6.302-5 (2)(i), Authorized or Required by Statute, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Date: See Digital Signature Angelic M. Hatcher