YPG_JA_2018_11_Final_Redacted_12-19-17.pdf

MICC Control No: 2018-11 Contractor: Facility Services Management, Inc. (FSI)

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 3 o f 9

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Agency: 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 114 days from 7 January 2018 through 30 April 2018. This contract modification will provide for the continuation of essential ISS at USAYPG and will be incrementally funded using Fiscal Year (FY) 2018 Operations and Maintenance Army (OMA) and FY18 Research, Development, Test and Evaluation (RDT&E) subject to the availability of funds. This action will prevent a break in service while the Army completes the corrective action process as a result of a protest to GAO filed on 8 September 2017, with two supplemental protests filed on 18 September 2017 and 25 September 2017, and dismissed for corrective action on 10 October 2017. 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, 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

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 4 o f 9

Period of Performance: 114 days, 7 January 2018 through 30 April 2018 Total Value: $3.5M

4. Authority Cited: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 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 expires on 6 January 2018. On 08 September 2017, FSI filed a post-award protest with GAO disputing the Army’s award decision. FSI subsequently filed two supplemental protests on 18 September 2017 and 25 September 2017 adding additional protest grounds. On 10 October 2017, the protest was dismissed on the basis of the Army taking corrective action. This extension is required to provide the critical ISS support at USAYPG while the Army completes the necessary corrective action by cancelling the protested follow-on contract, W9124R-17-D-0005;

amending the solicitation; reissuing the solicitation to the offerors; allowing approximately 30 days to respond; allowing adequate time to evaluate proposals, enter into discussions, negotiate, and to execute the award. 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, Maintenance (O&M), repair and new minor construction/alteration of real property facilities for O&M repair and replacement; new minor construction; and renovation of Real Property 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

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 5 o f 9

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 shifting to 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 no current in-house Government employees who have the expertise or experience to perform the requirements of the ISS contract.

(3) Competitively awarding a bridge contract: The contract expiration is less than 2 months away; clearly this is not a viable alternative. A follow-on award of a competitive contract is currently underway. There is insufficient time for MICC-YPG to compete an interim contract before the current ISS expires on 6 January 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. Justification: See paragraph 5.a.(1) above.

d. Prior Acquisitions: Reference paragraph 10a below.

e. 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 associated with an ongoing procurement to allow time for corrective action to be completed. It is anticipated that sources will not write to express an interest in the proposed extension date.

a. Effective competition. As a result of the corrective action the contract must be extended on a sole source basis pursuant to the authority of FAR 6.302-1. Therefore, a request for information or a sources sought is not required. The waiver for this posting requirement was granted by the Principal Assistant Responsible for Contracting on 23 September 2015.

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 7 o f 9

(3) The bridge contract was 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.

(4) 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.

(5) There are no unusual patterns that may be revealed by the procurement history.

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 8 o f 9

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.

_ ____________________ Date: See electronic 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.

_ _____ Date: See electronic signature

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 cost analysis. As a part of this basis, certified cost or pricing data will be required.

__ _ _______ Date: See electronic signature

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

_ _ ________ Date: See electronic signature

Program/Equipment: Installation Support Services

Version – February 2017 FOR OFFICIAL USE ONLY 9 o f 9

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 $3.5 million for approximately a 4 month period of performance from 7 January 2017 through 30 April 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

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