15-D-0010_P00004_J A_14_Jan_16_Redacted.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Control No: KO FY 16-57

Version – August 2015

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: 413th Contracting support Brigade, egional Contracting Office- Hawaii (RCO-HI), Contracting Operations Division

2. Description of Action: Sole Source Procurement of Portable Chemical Latrines Services

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or

Order #_______ against a single award IDC Contract

Modification # P00004 to existing PO/TO/DO/Call Order

#W912CN15D0010

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 16

Name of Proposed Contractor(s) and Address:

VIP Sanitation 662 Hoohai PL Pearl City, HI 96782

Brand Name Buy: Yes No

3. Description of Services or Supplies: The original Requirement is to provide portable latrines for the Government at various Army Installations on the Island of Oahu, Hawaii, in a manner that will ensure continuous and safe operation and in accordance with the manufacturer standards and applicable Federal and State Codes.

Portable Chemical Latrine Service was awarded on 21 April 2015 to VIP Sanitation, Inc. as a Firm Fixed Price (FFP) Requirements type contract, under contract W912CN-15-D-0010 with the estimated value of $ for a 12 month base period of performance and three 1-

Control No: KO FY 16-57

Version – August 2015 year options. This requirement was synopsized and solicited on FEDBIZOPPS in sufficient detail, complying with the requirements of FAR Part 5. The award was a result of full and open competition after the exclusion of sources as a total small business set-aside. The contract is currently in the 1st option year. Three modifications have been issued to date. This modification will increase the estimated value by $ from $ to $ for the 1st option year. Sufficient funds will be available and issued through a task order, based on individual requirement/need.

In accordance with the Performance Work Statement (PWS) 3.1 Permanent Portable Chemical Latrine (LOT I) and 3.2. As Required Portable Chemical Latrines (LOT II). This modification is to add quantities and estimated amounts to the current performance period and subsequent Option Periods by creating CLINs 1013-1014, 2013-2014, and 3013-3014 with an estimated amount of $

$0.0

For Actions with Options*:

Base Period: 1 May 15 to 30 Apr 16 or estimated value:

Option Period 1: 2 June 16 to 30 Apr 17 or estimated value: Option Period 2: 1May 17 to 30 Apr 18 or estimated value: Option Period 3: 1May 18 to 30 Apr 19 or estimated value: FAR Clause 52.217-8 Option 1 May 19- 31 Oct 20 Value: $

Total: $

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on

Control No: KO FY 16-57

Version – August 2015

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The Requiring Activity is requesting to modify the contract to add a permanent handicap portable latrine monthly usage and service to (LOT I) and handicap portable latrine weekly usage & services to (LOT II) to be compliant with the American Disabilities Act (ADA) Standards.

Handicap personnel are working at Schofield Barracks Building 1090 and 1091 and require ADA accommodations.

The building renovation incorporates a multitude of things, to include but not limited to;

handicap parking in front of building, ramp on either side of the stairs, and handicap restroom facilities by removing the wall and installing larger entrance to the male/female latrines. The requiring activity reconfiguration and construction to upgrade building 1090 to ADA standards is estimated to take between 12 to 18 months.

Due to urgency, on 20 May 2016, the requiring activity placed an order for one (1) chemical latrine with VIP sanitation for one (1) month until all contractual actions by the Regional Contracting Office could be completed.

a. Award of any other source or a separate contract would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

b. Services/supplies are needed immediately to satisfy mission requirement.

It is deemed a logical follow-on to modify the existing contract to include permanent weekly and monthly handicap latrine services. Such an adjustment is reasonable and will continue affording flexibility for any failure beyond their control.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

Control No: KO FY 16-57

Version – August 2015

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: There is no potential to increase competition at this time.

8. Other Facts: Contract W912CN-15-D-0010 was set aside 100% to a Small Business for a new Requirement.

9. Technical/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.

Typed Name:

Date:

Title: r

Signature:

10. Contracting Officer Certification/Approval: 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.

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The evaluation was conducted in accordance with FAR 13.106- 3(2)(iv) to ensure the amount proposed by VIP Sanitation, Inc. is fair and reasonable. The original contract estimated amount for the base period thru 3rd option year is $ The proposed modification amount is $ , the contract total amount will be increased by 1.7%, which is not a significant increase from the original.

The weekly rates escalated 2% between 1st option and 2nd option and 6% between 2nd and 3rd option period. At this time the Government anticipates minimal, if any, use of the weekly rate.

The monthly escalation rate is a consistent 2% increase per year.

A comparison of VIP Sanitation’s handicap monthly rate was compared to monthly rate for a handicap latrines with the same level of services as VIP Sanitation. VIP Sanitation’s monthly rate was .00002% higher than total, although VIP Sanitation’s rate is higher, it is less than a .00002% price difference, therefore the price is considered fair and reasonable. Additionally, due to the requirement timelines and need for services, as well as already having an established contract, including handicap services at the required location, it is in the Government’s best interest to incorporate the two additional CLINs per year.

Control No: KO FY 16-57

Version – August 2015

Company Monthly rate Weekly Cleaning Additional Cleaning Fee Total VIP Sanitation $

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government.

Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.