Approved_SAM_ATFJA_OM Services at DHA MRDC_(W9127824C0020)_Redacted.pdf

J&A Control # 24-0019

5. Reason for Authority Cited: Valiant Government Services (Valiant) is the current contractor performing O&M services under task order W9127820F0061. This action was competed under the Mobile District Medical Command (MEDCOM) Operation and Maintenance Multiple Award Task Order Contract (MATOC). The request for proposal was issued on 16 November 2023 with the award made 15 January 2019. A two-week bridge contract (W9127824C0017) was awarded to ensure O&M coverage for MRDC during the pre-award phase, resulting from delays associated with opening discussions, reconvening the SSEB, and obtaining funds to make award.

The current period of performance for the existing task order ended 6 February 2024. The period of performance for the bridge contract was from 7 February to 21 February 2024. Although a replacement contract was awarded (16 February 2024) to J&J Worldwide Services, Inc. (J&J), Contract Number W9127824C0014, a GAO bid protest was received, triggering an automatic Competition In Contracting Act (CICA) stay of contract performance on 20 February 2024. As a result, performance of the new contract to J&J was stayed, preventing work under the new contract from commencing before the current completion date of 21 February 2024.

a. Background: W9127820F0061 was awarded to Valiant on 7 February 2020 with a period of performance of a one-year base and three one-year option years. The FFP task order was competitively awarded within the USACE Mobile District, Medical Command (MEDCOM) Operation and Maintenance MATOC. W9127820F0061 had an original period of performance end date of 07 February 2024.

An award was not able to be made on Solicitation W9127823R0055 with enough time to afford the required phase-in period before W9127820F0061 expiration on 07 February 2024. Therefore, a two-week bridge was approved through J&A Control Number 24- 0013. Following approval of the J&A, contract W9127824C0017 was awarded to Valiant to continue the existing services under task order W9127820F0061 until 21 February 2024, by which time an expected award would be made on Solicitation W9127823R0055.

The justification of award W9127824C0017, based on authority cited by FAR 6.302-2 “Unusual and Compelling Urgency”, was to allow time to execute pre-award (Contract Review Board) and award actions for solicitation W9127823R0055.

The replacement contract was competitively solicited by USACE Mobile District under W9127823R0055 on 16 November 2023. Proposals were received 18 December 2023 and the evaluation board was held 19-21 December 2023. An award was made on 16 February 2024 to J&J. A timely GAO protest, was filed on 20 February 2024, triggering an automatic CICA stay of contract/performance. The protest was received the same day that award was made to J&J, 20 February 2024, one day prior to the expiration of existing task order W9127820F0061 on 21 February 2024.

Due to the GAO protest on 20 February 2024 and the task order expiration on 21 February 2024, USACE Mobile District’s Chief of Contracting Office requested verbal approval for this J&A to the Command Advocate for Competition in accordance with USACE Desk Guide 5106.302-2. Verbal approval was granted on 20 February 2024. The upward reporting form was submitted to the Command Advocate for Competition on 23 February 2024. Following the verbal approval and submission of the After-The-Fact J&A

Upward Reporting form, solicitation W9127824R0031 was issued to Valiant on 20 February 2024. The proposal was received the next day and award was made to Valiant on 21 February 2024 through contract W9127824C0020, which is prior to the expiration of the period of performance of the existing bridge contract W9127824C0017 to task order W9127820F0061.

b. . Justification: As previously discussed, the award of replacement services was protested to GAO, triggering an automatic stay of performance. Resolution of the protest is not expected before 30 May 2024. This is an insufficient amount of time to reengage the awardee after the stay is lifted or take corrective measures. The need for the services is of such an unusual and compelling urgency that the government would be seriously impacted unless permitted to limit competition by awarding a bridge contract directly to Valiant. Valiant is the only responsible source that can satisfy the Government’s need to ensure that there is no lapse in O&M service USAMRDC. Other contractors can perform the effort; however, none can mobilize and be in position to take over the O&M efforts from Valiant before the current contract completion date of 21 February 2024, which is only one day. A minimum 60-day solicitation to include a site visit would be required if this bridge requirement were competed, even for a limited competition. Considering these time constraints, it was not feasible to compete the requirement because a new contractor could not propose, be selected, and mobilize prior to the existing task order expiration on 21 February 2024.

c. Alternative: No reasonable alternatives were available to ensure no lapse in full O&M performance by the task order expiration on 21 February 2024.

Impact: O&M services at USAMRDC include, but are not limited to emergency system testing, preventative maintenance and repair, generator testing, building automation systems monitoring and inspection/maintenance, medical gas inspections/certifications.

These services keep the research facility operational and in line with accreditation requirements. A lapse in services will result in loss of O&M support of the USAMRDC facilities, potentially endangering the surrounding communities due to a failure in the systems controlling the Bio Safety Labs, causing a catastrophic loss of containment of dangerous biological and chemical elements. Failure to executed would also cause a loss of research certification and accreditation, stopping millions of dollars in research and requiring the euthanasian of the animals in the Association for Assessment and Accreditation of Laboratory Animal Care facilities. This research is vital to the defense of the country and support to the warfighters. Because of the CICA stay, transition efforts and performance under new contract W9127824C0014 is prohibited. To avoid mission failure and loss of the accreditation for the medical center, continuing services under a bridge contract with the current contractor, Valiant, is necessary.

6. Efforts to Obtain Competition:

a. Notice of Intent to Sole Source: A notice of intent to sole source was not posted for this J&A as this J&A is being requested under FAR 6.302-2 “Unusual and Compelling Urgency” as stated above. Posting requirements are except per FAR 5.202(a)(2), as the proposed contract action is made under the conditions described in FAR 6.302-2 and the

Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

b. Effective competition: Based upon the information in paragraph 5, competition for this action is not feasible. The duration to solicit, evaluate, award, and phase-in a competitive bridge contract would exceed the available time before the current O&M contract expires on 21 February 2024. The current USAMRDC O&M contractor is the only source to meet this requirement during the ongoing GAO protest. The current task order was originally competed among the contractors of the Mobile District MEDCOM MATOC, where fair opportunity was provided to all 10 contract holders. The replacement USAMRDC contract was also competitively awarded under full and open competition, thus both the initial and subsequent contract actions were fully competitive.

c. Subcontracting competition: The current task order awarded by Mobile District required Valiant to meet the required USACE subcontracting goals established. This bridge contract is a continuation of contract W9127818D0100-W9127820F0161, and Valiant will maintain the established USACE subcontracting goals and plans. The short term bridge contract does not change the staffing or subcontracting requirement at MRDC. .

7. Actions to Increase Competition: No actions to increase competition were made as doing so would result in unacceptable delays, and the only responsible source to meet the Government’s requirement is to award a follow-on contract to Valiant during the GAO protest. Based upon the information in paragraph 5, competition for this action was not feasible.

8. Market Research: Due to this J&A being Urgent and Compelling, additional market research was not conducted based on the reasons cited above. This J&A will be publicized on sam.gov immediately upon approval of contract award in accordance with FAR 6.305(b).

9. Interested Sources: Interested Sources are limited to those contractors that submitted a proposal in response to Solicitation W9127823R0055. While there are other interested sources, the incumbent contractor, Valiant, is the only contractor that could provide continued services before 22 February 2024.

10. Other Facts:

a. Procurement history:

(1) Contract number and date of the last award:

a. W9127818D0100, W9127820F0061 was previously awarded under the Mobile District MEDCOM MATOC on 7 February 2020.

b. W9127824C0017 was awarded 5 February 2024 covering services from 7 February 2024 through 21 February 2024.

c. W9127824C0014 was awarded 16 February 2024 and protested on 20 February 2024.

(2) Competitive status of this action: These O&M services have historically been competed under full and open competition.

(3) Authority previously used for less than full and open competition: N/A

(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: N/A

(5) If any prior award was accomplished by full an open competition, a detailed explanation of the changed circumstances: N/A

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys: N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes: There have been no significant changes from the previous justification: N/A