YPG_JA_2018_98_Redacted.pdf

Control No: 2018-98 Contractor: Facility Services Management, Inc. (FSI)

Program/Equipment: Installation 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 - Yuma Proving Ground (MICC–YPG), U.S. Army Yuma Proving Ground (USAYPG), Arizona.

2. Description of Action: The U.S. Army Garrison at USAYPG requests approval to extend the Firm-Fixed-Priced/Cost-Plus-Fixed-Fee Contract, W9124R-16-C-0001, for Installation Support Services (ISS) with Facility Services Management, Inc. (FSI) for 3 months from 14 September 2018 through 13 December 2018. This contract modification will provide for the continuation of essential ISS at USAYPG and will be incrementally funded using Fiscal Year (FY) 2018 and FY2019 Operations and Maintenance Army (OMA) and Research, Development, Test and Evaluation (RDT&E) subject to the availability of funds. This action will prevent a break in service and allow sufficient time for the follow-on contract to be executed, to include time for the protest period, the Contracting Officer to conduct postaward debriefing of offerors, and to allow time to transfer the Government Furnished Property from the incumbent Contractor to the awardee of the follow-on requirement. 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 contractor provides ISS at USAYPG, including the provision of all planning, programming and supervision of technical and professional personnel for Operations and Maintenance (O&M), repair and new minor construction/alteration of real property facilities. The types of facilities support to be provided include services; construction industry trades; construction planning and estimating; service orders control, receipt and dispatching; Unaccompanied Personnel Housing (UPH) assignments, terminations, furnishings management, and inspection;

supply purchasing, warehousing, and issuance; and financial accounting and management. Examples of specific functional areas for which augmented or full contract support is required are listed below. Support provided to any given test program is typically the result of a collaborative effort of several of these functional areas.

Operations, Maintenance and Repair of Facilities and Real Property Unaccompanied Personnel Housing Grounds Keeping Service Order (under 40 hrs) Individual Job Order (over 40 hrs) Wastewater Collection Maintenance and Repair of HVAC Systems Water Treatment/Distribution Pest Control Sanitary Landfill Operations Test and Training Support

Period of Performance (POP): 14 September 2018 through 13 December 2018

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Total Value: $3 M

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.

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.

(1) The current contract is expiring on 13 September 2018, so an extension under the authority of 10 U.S.C. 2304(c)(1) is required to allow sufficient time for the follow-on contract to be executed, to include time for the protest period, the Contracting Officer to conduct postaward debriefing of offerors, and to allow time to transfer the Government Furnished Property from the incumbent Contractor to the awardee of the follow-on requirement.

a. As a result of late receipt of requirements documents from the requiring activity, MICC-YPG attempted to execute a sole source, direct 8(a) to an Alaskan Native Corporation (ANC) as an interim bridge contract to allow sufficient time to award the follow-on ISS contract prior to W9124R-11-C-0011 expiring. On 24 March 2016 MICC- YPG submitted an offering letter to the Small Business Administration (SBA) and later on received an acceptance letter (#1013/16/603430) dated 29 March 2016. On 31 March 2016 received a revised acceptance letter (#1013/16/602430) dated 30 March 2016. On 31 March 2016, MICC-YPG received notice of a protest that award to the 8(a) ANC would have an adverse impact to the incumbent small business concern (FSI).

On 29 July 2016 a one year bridge contract was issued to FSI to allow time for the follow-on contract to be awarded.

b. On 08 September 2017, FSI filed a post-award protest (B-414857.2) with GAO disputing the Army’s award decision of the follow-on contract. FSI subsequently filed two supplemental protests on 18 September 2017 (B-414857.3) and 25 September 2017 (B-414857.4) adding additional protest grounds. On 10 October 2017, the protest was dismissed on the basis of the Army taking corrective action. For corrective action, the contract was Terminated for Convenience and MICC-JBLM revised and reissued the Solicitation.

c. On 25 April 2018, a one month extension (P00029) was executed to provide the critical ISS support at USAYPG while the Army completed the follow-on award process to include the pre-award and post-award debriefs.

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d. On 15 May 2018, FSI filed a protest (B-414857.5) and filed a supplemental protest (B-414857.7) on 21 May 2018.

e. On 21 May 2018, Inuit Services, Inc. filed a protest (B-414857.6). On 5 June 2018, Inuit Services, Inc. withdrew its protest.

f. On 24 May 2018, a 105 day extension (P00030) was executed to provide the critical ISS support at USAYPG while pending a GAO decision.

g. On 13 August 2018, FSI notified GAO of their intent to file with the United States Court of Federal Claims (CoFC), which resulted in GAO dismissing FSI protests (B-414857.5, 7, and 8) on 16 August 2018. On 26 August, FSI filed with CoFC under case No 18-1224C, which is currently in litigation.

(2) This 3 month extension is required to allow time for the protests period to pass, for the Contracting Officer of the follow-on requirement to debrief, and to allow time to transfer the Government Furnished Property from the incumbent Contractor to the awardee of the follow-on requirement. Without continuing contract coverage, disruption of on-going requirements will result in critical mission failure and unacceptable delays in, among other areas, critical Test and Training Support, which will negatively impact testing and deployment of weapons and communications systems to the Warfighter in the field. Any break in service is unacceptable and will also disrupt critical functions in support of the mission at USAYPG, including Engineering Resources Management;

Operation of Utilities Systems; Maintenance and Repair of Real Property; Emergency Services; Installation and Repair of Equipment in Place; Other Engineering Support Services.

(b) Alternatives:

(1) Suspension of services: Suspension of operations is not a viable option. The requirement for Operations and Maintenance (O&M), repair and new minor construction/alteration of real property facilities provided by this contract are directly tied to the vital needs of the Installation for the health and safety of Military members and their families, DoD Civilians, and Contractors working/residing at USAYPG. Failure to provide these services would have a major impact on USAYPG supporting tenant activities and Mission test and evaluation events.

(2) Use in-house resources: This is not a viable option. Government personnel cuts and increased reliance on contractors to perform critical functions over the years have resulted in the transference 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 77 personnel required to support current and upcoming requirements, render this alternative unrealistic and unachievable in the time available to do so. Additionally, there are insufficient in-house Government employees who have the expertise or experience to perform the requirements of the ISS contract.

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(3) Competitively awarding a bridge contract: The contract expiration is 7 days away; clearly this is not a viable alternative. A follow-on award of a competitive contract is currently underway. There was insufficient time for MICC-YPG to compete an interim contract before the current ISS contract expires on 13 September 2018. A new contractor would need a transition period greater than the time remaining on the current contract in order to become familiar with the ISS contract requirements. A new contractor would need to recruit, relocate, transfer, staff, and acquire other resources.

(c) Impact: Any break in service is unacceptable and will disrupt operations at USAYPG. Without the continuity of the ISS contract there would be health and safety issues due to a failing infrastructure. Additionally, the Mission test and evaluation functions will be decreased due to not being able to move test equipment, maintain test courses, and support a challenging test schedule of 100 events per day, and other test support requirements. These tests have a direct impact on the US Army’s world-wide mission.

6. Efforts to Obtain Competition: This is an interim action to allow time for executing a follow-on contract, to conduct the postaward debriefs, and to allow the transfer of GFP.

A sources sought synopsis (SSS) was issued for a previous extension (P00029), which resulted in three vendors and the incumbent expressing interest. However, none of the interested parties excluding the incumbent were deemed technically capable as they did not demonstrate their ability to mobilize within 10 days. Therefore, the government finds it highly unlikely that any other vendor can mobilize within 7 days.

(a) Effective Competition: In accordance with the Defense Acquisition Regulation Supplement Policy, Guidance, and Instruction 206.302-1(d), the requirement to post a SSS may be waived by the Head of the Contracting Activity, or designee. On 23 September 2015, Mr. George Cabaniss, former MICC Deputy of the Commanding General, waived the requirement when an extension under FAR 6.302-1 is required due to a protest. This extension is required due to delays from the follow-on protests.

(b) Subcontracting Competition: A subcontracting plan is not required, previous contracts, except for the bridge contract W9124R-16-C-0001, and the follow-on requirement are competed as a set aside for small businesses.

7. Actions to Increase Competition: This is an interim action to allow for continued performance.

8. Market Research: Extensive market research has been conducted for the follow-on requirement and competition was obtained.

9. Interested Sources: No sources have written to express an interest in the proposed extension of the current contract.

10. Other Facts:

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(a) Procurement History:

(1) Contract numbers and dates of the last several contracts for these same requirements are listed on the table below.

Contract Number

Contractor Contract Type

Contract Amount

Competitive Proposals Rec’d

Period of Performance

DAAD01-

96-C-0019

Pyramid, Inc.

CPAF $73.2M 8 1Oct96 – 30Sep05

W9124R- 06-C-0101

Pyramid, Inc.

CPAF $105.8M 5 1Sep05 – 30Sep11

W9124R- 11-C-0011

FSI, Inc. FFP/CPFF $71.7M 8 1Sep11 – 31Jul16

W9124R- 16-C-0001

FSI, Inc. FFP/CPFF $20.7M 0 1Aug16 – 13Sep18

(2) The competitive status of these actions. The previous contracts, except for the bridge contract W9124R-16-C-0001, were set aside for small businesses.

(3) Authority previously cited if less than full and open competition was used. No J&A were required for the previously competed contracts. Contract W9124R-16-C-0001 and modifications extending service were issued under the authority of 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 and 10 U.S.C. 2304(c)(2) as implemented by FAR Part 6.302-2, Unusual and Compelling Urgency.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. The bridge contract was issued to provide adequate time for the Army to solicit offerors, evaluate proposals, negotiate, and award a competitive follow-on contract. The noncompetitive bridge contract was issued for a one year duration with the period of performance from 1 August 2016 through 31 July 2017 to allow the Government sufficient time for the follow-on contract to be awarded competitively. The referenced bridge contract was extended for 3 months from 1 August 2017 through 31 October 2017 to allow the Government sufficient time to take corrective action due to a pre-award protest on the follow-on procurement. On 3 October 2017, the bridge contract was extended by 67 days from 1 November 2017 through 6 January 2018 to allow the Government sufficient time to take corrective action due to a post award protest on the follow-on procurement.

On 18 December 2017, the bridge contract was extended by 114 days from 7 January 2018 through 30 April 2018 to allow the Government sufficient time to take corrective action to cancel the protested follow-on contract W9124R-17-D0005; amend the solicitation;

reissue the solicitation; allow approximately 30 days to respond; allow adequate time to evaluate proposals, enter into discussions, negotiate, and to execute the award. On 25

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April 2018, the bridge contract was extended by one month from 1 May 2018 through 31 May 2018 to allow the Government sufficient time to complete the award process and to conduct the pre-award and post-award debriefs. On 24 May 2018, the bridge contract was extended by 105 days to allow GAO time to provide a decision on the protests. On 5 June 2018, Inuit Services, Inc. withdrew their protest (B-414857.6). On 16 August 2018, GAO dismissed FSI protests (B-414857.5, 7, and 8). On 26 August 2018, FSI filed with CoFC and the case is currently in litigation.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. See section 10(4) above.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. There are no unusual patterns that may be revealed by the procurement history.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. See section 10(4) above.

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Approval

Based on the foregoing justification, I hereby approve the extension for Installation Support Services at Yuma Proving Ground, Arizona on an other than full and open competition basis pursuant to the authority of Title 10, United States Code, Section 2304(c)(1) as implemented by Federal Acquisition Regulation Part 6.302-1 – “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” The estimated value of this extension is $3 million for 3 months from 14 September 2018 through 13 December 2018. The approval is subject to the availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

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