MICC201531redacted.pdf

MICC Control No. 2015-31 POM 14-13

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

DESCRIPTION OF PROGRAM: Presidio of Monterey, Fire Protection and Emergency Services.

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source and no Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $2.2M

FOR OTHER THAN FULL AND OPEN COMPETITION

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

FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Presidio of Monterey, Fire Protection and Emergency Services

1. CONTRACTING AGENCY: Mission and Installation Contracting Command (MICC), Installation Contracting Office (ICO), Presidio of Monterey (POM) - MICC - POM.

2. DESCRIPTION OF ACTION: The action to be approved is a follow-on Firm Fixed Price Contract with the Monterey City Fire Department (MFD). The base period of performance will use fiscal year 2015 funds and option periods 1, 2, 3 and 4 will use fiscal years 2016, 2017, 2018 and 2019 funding respectively. Operations and Maintenance, Army (OMA) funding will be used.

3. DESCRIPTION OF SUPPLIES/SERVICES: MFD is the First Responder for Fire and all Emergency response services at the United States Army Garrison (USAG), Presidio of Monterey (POM), and Defense Language Institute and Foreign Language Center (DLIFLC), at Monterrey, California and for all POM facilities in accordance with DoD Instruction Number 6055.06 dated 21 December 2006, DoD Fire and Emergency Services (F&ES) Program. The contract will have a base period plus four option periods.

4. AUTHORITY CITED:

A. This action is authorized under provisions of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii), only one responsible source and no other supplies or services will satisfy agency requirements.

B. 10 U.S.C. 2465 PROHIBITION ON CONTRACTS FOR PERFORMANCE OF

FIREFIGHTING OR SECURITY-GUARD FUNCTIONS:

a. Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility.

b. The prohibition in subsection (a) does not apply to the following contracts:

(3) A contract (or the renewal of a contract) for the performance of a function under contract on September 24, 1983.

c. POM has had a Fire Protection contract, with the City of Monterey Fire Department, i continuously since 1982 and therefore falls under the exception detailed in paragraph C(b)(3) above.

5. REASON FOR AUTHORITY CITED: Pursuant to FAR 6.302-1(a) (2) (iii), the incumbent contractor, MFD is the only acceptable source that can provide the required first response

FOR OTHER THAN FULL AND OPEN COMPETITION

services for POM Fire Protection and Emergency Services. As per DOD Instruction 6055.06, Table E.3.T.1, the First Responder must be within a seven (7) minute response window. MFD is the only Fire Department within the prescribed response area.

a. Background: The requiring activity (RA) is the Directorate of Emergency Services, Presidio of Monterey, California. The Presidio of Monterey's mission is to provide professional base support services which facilitate mission readiness and promote well-being for all supported elements. The primary tenant organizations are USAG POM, which support the Defense Language Institute Foreign Language Center (DLIFLC). DLIFLC provides foreign language education, training, evaluation, and sustainment for DoD personnel in order to ensure the success of the Defense Foreign Language Program and enhance the security of the Nation.

b. Alternatives: An alternative is not viable due to required services being available only from the incumbent contractor who has the resources in place that there is no disruption in services. No other Fire Department is within the First Responder time window, as per DOD Instruction 6055.06, Table E.3.T.1, it is not operationally possible for any other Fire Department to support the mission.

c. Justification: The current contract will expire 31 January 2015. In accordance with DOD Instruction Number 6055.06: Funds shall not be obligated or expended for entering into a contract for the performance of Fire-Fighting functions at any military installation or facility within the continental United Stated (CONUS) unless specifically exempt by law 10.U.S.C.2465. However 10. U.S .C. 2465(a) & (b)(3) states that “The prohibition of entering into a contract, for the performance of Firefighting, does not apply to a contract or renewal of a contract for the performance of a function under contract on September 24, 1983.” The POM Fire Protection and Emergency Services contract provides first real time response and services to all emergency calls, medical health and safety was in place under contract at that time the regulation was implemented. Also, in accordance with FAR 6.302-1(a) (2) (iii), the POM Fire Protection and Emergency Services are available only from MFD, as a follow-on contract, because it is likely that an award to any other source would result in unacceptable delays in fulfilling POM’s Life, Health and Safety requirements.

d. Prior Acquisitions: The following prior contracts were awarded with The City of Monterey Fire Department based on AR 420-90, and 10 U.S.C. 2304(c)(1) in accordance with paragraph 6.302-1(a)(2) of the Federal Acquisition Regulations.

DAKF03-82-C-0116, DAKF03-85-C-0110, DAKF03-87-C-0001

(Procurement date and amount not no longer available)

FOR OTHER THAN FULL AND OPEN COMPETITION

DAKFO3-91-C-0008, 1 May 1991 – 30 September 1991 with three option years and an 8-month extension. Total cost $1,044,851.55

DABT67-95-C-0003, 1 November 1994 – 30 April 1995 with three option years and an 18-month extension. Total cost $1,108,232.00

DABT67-00-C-1000, 1June 2000 –14 September 2000, included in POM BASOPS contract as a line item for 5 months. Total cost $90,548.70 DBAT67-00-C-1004, 15 September 2000 – 31 May 2001, 8 months, with a two-month extension total cost $190,152.28.

DABT67-02-P-0039, 1 February 2002 – 28 February, 1months. Total cost $18,900.00

DABT67-02-P-0042, 1 March 2002 – 31 March 2002, 1 months. Total cost $18,900.00.

DABT67-02-C-0004, 1 June 2002 thru 31 July 2012, Total cost for 8 month base period, 9, 12 months each Option years and 6 month extension, $3,197,335.18.

W9124N-12-C-0050, 1 AUGUST 2012 – 31 January 2015. Total cost for 12 Month Base period, 1, 12 month option and 66 month extension $831,170.10

e. Impact: The POM Fire Protection and Emergency Services contract provides for the basic health and safety of all personnel and facilities under the jurisdiction of the Presidio of Monterey. Allowing this contract to lapse would create a possible health and safety risk, in accordance with10 U.S.C.2465, once a contract for CONUS Fire Protection services expires, a new Fire Protection contract is prohibited. The reason for contracting a First Responder Fire Department for POM Fire Protection and Emergency Services is to meet the requirement of DOD Instruction 6055.06, Table E.3.T.1. If there is no contract in place, MFD would not be held to the DOD First Response standards but would instead be guided by the National Fire Protection Association (NFPA) First Response Time Standards in accordance with NFPA-1 which is 8 minutes. In the event of a Life Threatening event, any delayed response time could result in loss of life, limb or permanent injury.

6. EFFORTS TO OBTAIN COMPETITION: Sources sought was posted on FedBizOpps, 25 July 2014 closed 25 August 2014. No responses were received. There was no additional effort to obtain further competition. In the local area, the required services are available only from the incumbent contractor who has the resources in place which insures that there is no disruption in services. No other Fire Department or Emergency Service Providers within the First Responder time window that can meet the required time, as per

FOR OTHER THAN FULL AND OPEN COMPETITION

DOD Instruction 6055.06, Table E.3.T.1, so it is not operationally possible for any other Fire Department to support the mission.

7. ACTIONS TO INCREASE COMPETITION: No other Fire Department can meet the First Responder response times per DOD Instruction 6055.06, Table E.3.T.1, because of their geographic locations, historically the procurement process has resulted in the contract been awarded as sole source procurement. Future requirements will be competed to the maximum extent practicable.

8. MARKET RESEARCH: Market Research, conducted for the current contract, was limited to municipalities in the county of Monterey, California. MFD is the only viable first responder for the Presidio of Monterey based on its location and the required response time as per DoD Instruction Number 6055.06.

9. INTERESTED SOURCES: The Government primarily used a sources sought in an attempt to identify businesses capable of performing the POM Fire Protection and Emergency Services requirement. The sources sought document was posted to FedBizOpps on 25 July 2014. The sources sought closed on 25 August 2014, with no responses.

10. OTHER FACTS:

a. Procurement History: Delay in the execution of the new contract is the result of the customer and the USAG POM efforts to get a deviation that will allow the local municipality to provide First alert and fire Protection without a contract.

b. Recent Procurement History: The most recent procurement history is listed below as well as in Section 5 above. Current contact W9124N-12-C-0050, was issued with a 12 months base period, and one, 12 month option and has been extended six (6) months using FAR Clause 52.217-18, Option to Extend Services (AUG 1989), end date 1/31/15.

b. Acquisition data availability: N/A

c. Unusual and compelling urgency: The follow-on contract must be in place by 1 February 2015 or the contracted services will expire. If the contracted services expire, a new Fire Protection and Emergency Services contract cannot be entered into, in accordance with paragraph 5.1.2.1 of DoD Instruction Number 6055.06 dated 21 December 2006, DoD Fire and Emergency Services (F&ES).

d. Subcontracting Competition: NA

Contract Number Dollar Value POP Contract Type

W9124N-12-C-0050 $664,936.04 8/1/12 – 1/31/15 FFP

DABT67-02-C-0004 $3,197,335.18 6/1/02 – 7/31/12 FFP

FOR OTHER THAN FULL AND OPEN COMPETITION

11. TECHNICAL/REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

12. MANAGEMENT REVIEW/APPROVAL: The requirement herein described is a valid requirement for the activity named in this justification. The technical and requirements information contained in this justification represent the minimum needs of the Government.

The only way to satisfy this requirement is by limiting the competition as described herein.

13. FAIR AND REASONABLE COST DETERMINATION: I hereby determine that the anticipated price 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 used 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 are not required for this contract.

14. PROCURING CONTRACTING OFFICER CERTIFICATION: I certify that this Justification is accurate and complete to the best of my knowledge and belief.

FOR OTHER THAN FULL AND OPEN COMPETITION

Approval

Based on the foregoing justification, I hereby approve the procurement of Presidio of Monterey, Fire Protection and Emergency Services to Monterey City Fire Department (MFD) for an estimated $2.M on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source and no Other Supplies or Services Will Satisfy Agency Requirements. , subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Signature: ____________________________ Date: ___________________ Dean M Carsello Advocate for Competition US Army Mission and Installation Contracting Command, Ft Sam Houston TX

27 JAN 2015CARSELLO.DEAN.M.1230116675

2015.01.27 15:34:09 -06'00'