ACC_JA_FAR-Part_13-5_(PM_-KO_ _SCA_SIGNED).pdf

Control No: G-16-J-050 Contractor: PAE Aviation and Technical Services LLC

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: 7th Army Training Command (7th ATC) Mission Readiness (MRX) Vehicles Maintenance and Repair Services for Grafenwoehr and Hohenfels Training Centers.

Authority: 10 U.S.C. 2304(c) (1) or 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302- 1 “Only one responsible source or no other supplies or services will meet agency needs.”

Amount: $ 1,045,573,44

Prepared by: RICARDO COLÓN ACEVEDO DSN: 314-475-8809 Contract Specialist Date: 30 Aug 2016 Email: ricardo.colonacevedo.civ@mail.mil

Contracting Officer: ANDREA SCHOTTENHAMMEL DSN: 314-475-8728 Contracting Officer Date: 30 Aug 2016 Email: andrea.schottenhammel.ln@mail.mil

Technical: N/A DSN:

N/A Date:

Email:

Requirements: LE ROY REED DSN: 314-520-5989 Program Manager Date: 30 Aug 2016 Email: leroy.m.reed.civ@mail.mil

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

Program Manager:

Typed Name: LE ROY REED

DSN: 314-520-5989

Signature: ____________________ Date: ____________________

Legal Counsel:

Typed Name: CHARLES T. KIRCHMAIER

DSN: 341-

Signature: ____________________ Date: ____________________

Special Advocate for Competition:

Typed Name: PAUL G. MICHAELS

DSN: 314-542-6404

Signature: ____________________ Date: ____________________

REED.LEROY.MO

RRIS.1106951671

Digitally signed by

REED.LEROY.MORRIS.1106951671

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.LEROY.MORRIS.1106951671 Date: 2016.09.01 11:42:49 +02'00'

20160907

Waivered.

MICHAELS.PAUL.G

ORDON.104498116

Digitally signed by

MICHAELS.PAUL.GORDON.1044981161

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MICHAELS.PAUL.GORDON.1044981161 Date: 2016.09.07 10:47:37 +02'00'

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

Principal Assistant Responsible for Contracting: (required for all Justifications > $13.5M) Typed Name: N/A

DSN:

Signature: ____________________ Date: ____________________

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

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

1. Contracting Activity: 928th Contracting Battalion, RCO Bavaria

2. Description of Action: Mr. Le Roy Reed, 7th ATC, MRX Program Manager requests a 3-months extension modification to task order W912PB-15-D-3005-0003 with PAE Aviation and Technical Services LLC. The Government projects issuance of the modification September 2016 and fiscal year 2016, Operations and Maintenance funds will be used. Additionally, choose the appropriate statement below:

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.

This action is a follow-on to contract W912PB-15-D-3005. Although this requirement could be satisfied through the award of a new contract, for administrative efficiency and convenience the period of performance on the current task order (0003) is being extended. The previous contract was awarded on a sole source basis under authority FAR 6.302-1 “Only one responsible source and no other supply or services will satisfy agency needs. Paragraph, “Actions to Increase Competition” of the previous justification, stated: Market research shows that only PAE Aviation and Technical Services LLC, the incumbent, is able to provide the maintenance and repair services because the phase in period will require approximately five (5) months and this proposed contract action is only six (6) months. We will be competing the follow-on action and anticipate adequate competition. Four (4) companies have expressed interest in the follow-on contract as a result of a sources sought posted in March 2014.”

3. Description of Supplies/Services: The purpose of this modification is to obtain logistical support for issue, turn-in, recovery, maintenance and repair of government vehicles and equipment under the 7th ATC G4 MRX. The service includes a wide range of tactical and non-tactical vehicles and equipment maintenance and repair in accordance with Army publications. The vehicles and equipment must be pre-staged for unit issue in support of exercises. Upon completion of training, vehicles and supporting equipment is then turned-in for recovery and re-issue.

For Actions without Options:

Period of Performance: 09 September 2016 to 08 December 20-16 Total Value: $ 1,045,573.44

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

4. Authority Cited: 10 U.S.C. 2304(c) (1) or 41 U.S.C. 3304(a)(1) as implemented by

FAR 6.302-1

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization

X Other: Only one responsible source and no other supplies or services will satisfy agency needs.

5. Reason for Authority Cited:

First, this is a coordinated effort between the Theater Contracting Center and the Regional Contracting Office – Bavaria to award a long term contract for MRX vehicle related services. This long-term follow-on contract has been solicited using “full and open competition” and is going through the final reviews in preparation for award, including a necessary phase-in period. The TCC acquisition team estimates that an additional 70 days will be required to complete all actions related to contract award. The existing TO CLIN structure prices work by the month and does not support an extension in days; therefore, the TO will be extended by 3-months. This additional time will also provide the TCC with a leeway should last-minute problems arise in awarding the contract.

Second, the number of vehicles (over 500), support personnel and other contractor provided infrastructure; makes it impossible for any other vendor to provide the required services without an appropriate phase in period. Attempting to award a short term contract vehicle will create unnecessary costs to the government where PAE is already positioned to provide the services leading to the same outcome.

Third, the time remaining in the current TO is not enough to complete all the required reviews for the follow-on contract unless the government assumes an even higher risk by awarding without the appropriate reviews. This risk can be avoided by extending the current TO period of performance which PAE accepted at the current prices.

Fourth, failure to extend will lead to a break in service that will diminish or more than likely stop 7th ATC exercise support across two of the largest training areas in Europe (Grafenwoehr TA & Hohenfels TA). This outcome will have an adverse effect at the multinational level where other partner nations are ready to train and participate in readiness exercises while the host (US Army) will not have in kind infrastructure readiness.

Fifth, the government has already invested countless hours and effort in the long term contract solution. The acquisition team acknowledges the need for competition and openness for this requirement. However, denying this 3-month extension will reduce the potential efficiencies and desired outcomes gained through a methodical award process.

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: As stated in item 5, follow-on contract action was competed “full and open” and is currently in the review process in preparation for award.

TCC posted a sources sought to which two companies responded.

8. Market Research: The sources sought and the enduring nature of this requirement indicate that several companies could possible fulfill the long term requirement. The requirement for a phase in period restricts this action to the incumbent as no other vendor would be positioned to provide the required services without a mobilization period.

9. Interested Sources: Two companies responded to the sources sought posted by TCC in support of the long term requirement. AECOM (Germantown, MD) and FEPS GmbH (Krailling, GM). See Paragraph 6 for the synopsis information. The interested sources received a copy of the RFP and have access to FBO.gov.

Both companies provided capabilities statements and appear to have the logistical capacity to meet or exceed the requirement as outlined in the long term requirement. A more detail evaluation is being conducted on their official response to the RFP that closed on 29 August 2016. In total, five (5) proposals were received in response to the

RFP (W564KV-16-R-0011).

10. Other Facts: N/A

a. Procurement History:

(1) Contract number, awarded Contractor: PAE Aviation and Technical Support Services LLC (Defense Support Services) W912PB-15-D-3005

Description of requirement: MRX Vehicle Support Services

(2) Sole Source, Period of performance: 3/01/2015 to 03/09/2016, $4,811,684.64

(3) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency needs.

(4) Long term MRX vehicle services are part of a consolidated requirement as outlined in solicitation number W564KV-16-R-0011.

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: N/A Date:

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

Title: Signature:

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.

Typed Name: LE ROY REED Date: 30 August 2016

Title: Program Manager Signature:

REED.LEROY.MORRI

S.1106951671

Digitally signed by

REED.LEROY.MORRIS.1106951671

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.LEROY.MORRIS.1106951671 Date: 2016.09.01 11:43:31 +02'00'

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

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.

Prices in 3-months task order extension are considered fair and reasonable based on the IGCE submitted at the time of base contract award and purchases made in the past (W911SE-07-D-0012)

This determination will be made using the following: price analysis cost analysis X IGCE audit: (identify the audit type) X other: previous purchases

W911SE-07-D-0012

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: ANDREA SCHOTTENHAMMEL Date: 30 August 2016

Title: Contracting Officer Signature:

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

Typed Name: N/A Date:

Title: Contracting Officer Signature:

SCHOTTENHAMMEL.

ANDREA.1276238180

Digitally signed by

SCHOTTENHAMMEL.ANDREA.1276238180

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SCHOTTENHAMMEL.ANDREA.1276238180 Date: 2016.09.01 12:13:59 +02'00'

Program/Equipment: MRX Vehicles Maintenance and Repair

Version – April 2016 FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of MRX vehicles maintenance and repair task order 3-month extension on a sole source basis pursuant to the authority 10 U.S.C. 2304(c) (1) or 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302-1, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date:

Special Advocate for Competition Signature:

Approval Levels Dollar Value of Document Approval Authority

SAT - $700,000 Contracting Officer* $700,001 - $13,500,000 Special Advocate for Competition $13,500,001 - $93,000,000 General Officer/Senior Executive Service $93,000,001 and over Senior Procurement Executive

*Contracting Officer signature at paragraph 14 (Contracting Officer Certification) constitutes approval. Approval page not required.

SIGNED ON FRONT PAGE ONLY