FAR-Part13-5-Sole-Source-JA_ACC-377th_MI_110716_Signed_Redactedv2_Redacted.pdf

Control No: 2-17 Contractor: IHG Army Hotels

Program/Equipment:

Version – MAY 2016 FOR OFFICIAL USE ONLY

WOODRUFF.JAMES.AUSTIN.11 Signature: 06929510 Date: 07 November 2016

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS –

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Lodging for 23 Soldiers from 377th MI BN at Fort Sam Houston, TX from 01 DEC 2016 to 15 SEP 2017.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. as implemented by FAR Subpart 13.5.

Prepared by:

MAJ David Henderson

DSN: 420-4874

G3 Force Integration Date: 07 NOV 2016 Email: david.j.henderson.mil@mail.mil

Contracting Officer: MAJ Jamarcus Brooks DSN: 421-5905 Contracting Officer

Email: Jamarcus.a.brooks.mil@mail.mil Date: 07 NOV 2016

Technical: MAJ David Henderson DSN: 420-4874 G3 Force Integration

Email: david.j.henderson.mil@mail.mil Date: 07 NOV 2016

Requirements: MAJ David Henderson DSN: 420-4874 G3 Force Integration

Email: david.j.henderson.mil@mail.mil Date: 07 NOV 2016

Reviews: I have reviewed this justification and find it adequate to support sole source.

Legal Counsel:

Typed Name: Mr. Robert Jefferson

DSN: 421-5908

Digitally signed by WOODRUFF.JAMES.AUSTIN.1106929510 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WOODRUFF.JAMES.AUSTIN.1106929510 Date: 2016.11.07 14:57:52 -06'00' mailto:david.j.henderson.mil@mail.mil mailto:Jamarcus.a.brooks.mil@mail.mil mailto:david.j.henderson.mil@mail.mil mailto:david.j.henderson.mil@mail.mil

X

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: 916th Contingency Contracting BN, 4130 Stanley Road, Fort Sam Houston, TX

2. Description of Action: U.S. Army South requests a firm-fixed-price new contract with IHG Army Hotels (Rest Easy LLC), JBSA Bldg 592, 2350 Dickman Road, Fort Sam Houston, TX. The Government projects award for December 2016 and fiscal year 2017, Counter Drug (CD) funds will be used.

X 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).

(Insert approval authority title approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on (insert date).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting (insert approval authority title) approval.

3. Description of Supplies/Services: The contractor will supply lodging on Fort Sam Houston for the period of performance.

Period of Performance: 01 DEC 2015 to 15 SEP 2017.

Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization Other: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

(a) The sole sourcing of this contract by IHG Army Hotels is required because they are the only vendor capable of meeting the unique operational requirements of the 377th MI BN Soldiers mobilizing to support U.S. Southern Command intelligence operations. The 377th MI BN Soldiers will arrive to Fort Sam Houston in November 2016, and conduct post-mobilization training before a limited number of them deploy to Central America in early December 2016. Those that remain on Fort Sam Houston will be working 24-hour operations in the All-source Collection Element (ACE). This will require them to live close to where they work. They will not be authorized reimbursement for transportation, so lodging must be provided either within walking distance of their place of duty, or have access to convenient, free transportation with access to their place of duty at all hours. Furthermore, their orders specify reimbursement for meals at the Government Meal Rate, requiring them to eat at the on-post dining facility. Only IHG Army Hotels is able to provide lodging that meets these requirements of being within walking distance of both their place of duty and the

HENDERSON.DAVID.JOHN.108781 Title: G3 Force Integration Signature: 3122 _ dining facility, while offering them easy, all-hours access.

, which is based on local per diem rates.

(b) Alternatives: The alternative to a sole source contract would be to lodge the Soldiers off-post, which would have a detrimental effect on both the mission and the Soldiers. We would have to provide transportation for them between the hotel, the dining facility, and the place of duty, throughout all hours of the day and night, which would be resource prohibitive.

(c) Ramifications if not Sole Sourced: If not sourced by IHG Army Hotels on post, mission success would be in jeopardy. At that rate they would likely end up a significant distance from their place of duty. This would make transportation to and from work difficult for 24-hour operations, and make eating at the dining facility impractical. Competing the contract would add 90-120 days to the process, and still might end up with an undesirable solution.

6. Efforts to Obtain Competition: Market research was conducted by the requiring activity that shows outside hotels have room availability restrictions, costs that surpass the per diem authorization, and a lack of transportation options. “The Contracting Officer shall publish the notices required by FAR 5.201.”

7. Actions to Increase Competition: If a similar requirement occurs in the future, we would again conduct market research. If it were possible to meet mission requirements while opening up competition to all local vendors we would. In this case, though, the risk to the mission is too high.

8. Market Research: Market research was conducted by our budget analyst during the month of OCT 2016, which included looking at six hotels off post, and the three on post. The average price of the locations considered was See Market Research Memorandum attached.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History: There is no know procurement history of a similar requirement.

Typically, mobilized Reserve Component Soldiers would spend the majority of their time in the Southern Command Area of Responsibility, not on a U.S. installation.

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.

Typed Name: MAJ David Henderson Date: 07 November 2016

Digitally signed by HENDERSON.DAVID.JOHN.1087813122 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HENDERSON.DAVID.JOHN.1087813122 Date: 2016.11.07 11:44:18 -06'00'

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.

X

41699

RCUS ANDRE 1 DN: c=US, o=U.S. Government, BROOKS.JAMARCUS.ANDRE.12345

BROOKS.JAMARCUS.ANDRE.1234541699

Typed Name: MAJ David Henderson Date: 07 November 2016 HENDERSON.DAVID.JOHN.10 Digitally signed by HENDERSON.DAVID.JOHN.1087813122

Title: G3 Force Integration Signature: 87813122 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HENDERSON.DAVID.JOHN.1087813122 Date: 2016.11.07 11:44:48 -06'00'

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.

This determination will be made using the following: price analysis cost analysis X IGCE audit: other: The KO will compare public prices of other local hotels

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: MAJ Jamarcus A. Brooks Date: 07 November 2016 BROOKS.JAMA

Digitally signed by ou=DoD, ou=PKI, ou=USA, Title: Contracting Officer Signature: 234541699 cn=BROOKS.JAMARCUS.ANDRE.12 34541699 Date: 2016.11.07 13:14:15 -06'00'

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: MAJ Jamarcus A. Brooks Date: 07 November 2016 BROOKS.JAM

Digitally signed by

ARCUS.ANDR

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BROOKS.JAMARCUS.ANDRE.1234541699

Title: Contracting Officer Signature: E.1234541699 Date: 2016.11.07 13:14:37 -06'00' _