WP JA 2018-46 W911SD18P0071

CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 1 JUSTIFICATION REVIEW DOCUMENT FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Program/Equipment: The USAG West Point requires a service contract to collect refuse and recycling throughout West Point. Authority: 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. Amount: $950,106 (6 Months) Prepared by: REDACTED Contract Specialist Email: REDACTED Contracting Officer: REDACTED Contracting Officer Email: REDACTED DSN: 688-XXXX Date: 06 Sept 2018 DSN: 688-XXXX Date: 06 Sept 2018 Technical: REDACTED Chief, DPW Environmental Management Division Email REDACTED DSN: 688-XXXX Date: 06 Sept 2018 Requirements: REDACTED Chief, DPW Environmental Management Division, Email: REDACTED DSN: 688-XXXX Date: 06 Sept 2018 Reviews: I have reviewed this justification and find it adequate to support other than full and open competition. Program Manager: REDACTED DSN: 688-XXXX CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 2 Legal Counsel: REDACTED DSN: 688-XXXX Digitally s00' Small Business Specialist, Small Business Program: REDACTED DSN: 501-XXXX Director, MICC-West Point: REDCATED DSN: 688-XXXX REDACTED Deputy Assistant Director, REDCATED Small Business Program: MICC Office of Counsel: REDCATED DSN: 501-XXXX CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 3 The period of performance and cost is estimated below 5. Reason for Authority Cited: The previous refuse contract W911SD12C0008 was fully competed and awarded 23 April 2012 with an ending date of 22 April 2017. FAR Clause 52.217-8, option to extend the services was exercised, extending the contract through 31 October 2017. A change in requirement caused a delay in the release of solicitation W911SD17R0008. The Government was directed to close the Government owned contractor operated transfer station. This change required a revision to the performance work statement (PWS). In order to avoid a break in service, a bridge contract was issued under authority 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1. The period of performance for contract W911SD18P0002 was 01 November 2017 thru 31 January 2018. Solicitation W911SD17R0008 was released 12 December 2017 with an anticipated award date of 01 February 2018. Solicitation W911SD17R0008 yielded one proposal which was unreasonably high in comparison to the independent government estimate. The Government could not make a fair and reasonable price determination. (i) FAR Part 6 Justification and Approval for Other than Full and Open Competition 1. Contracting Activity: Mission and Installation Contracting Command (MICC) - West Point, (CCMI-CEU-WP), 681 Hardee Place, West Point, New York 10996-1514. 2. Description of Action: The United States Army Garrison West Point, (USAG-WP) Directorate of Public Works (DPW), requests a firm-fixed-price contract with Donato Marangi Inc. (DMI) for refuse and recycling collection services. The projected award will allow the Army sufficient time to revise the performance work statement and solicitation in order to award the follow-on action on a competitive basis. 3. Description of Supplies/Services: USAG West Point requires an interim 6 month contract for refuse and recycling collection services to include seasonal collection at the Camp Buckner, Camp Natural Bridge and all training ranges. Base Period: 16 September 2018 to 15 March 2019 Value: $950,106 4. Authority Cited: 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. (ii) In order to promote competition, revisions were made to the performance work statement and CLIN structure based off request for information below. 5. Reason for Authority Cited: The previous refuse contract W911SD12C0008 was fully competed and awarded 23 April 2012 with an ending date of 22 April 2017. FAR Clause 52.217-8, option to extend the services was exercised, extending the contract through 31 October 2017. A change in requirement caused a delay in the release of solicitation W911SD17R0008. The Government was directed to close the Government owned contractor operated transfer station. This change required a revision to the performance work statement (PWS). In order to avoid a break in service, a bridge contract was issued under authority 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1. The period of performance for contract W911SD18P0002 was 01 November 2017 through 31 January 2018. (i) Solicitation W911SD17R0008 was released 12 December 2017 with an anticipated award date of 01 February 2018. Solicitation W911SD17R0008 yielded one proposal which was unreasonably high in comparison to the independent government estimate. The Government could not make a fair and reasonable price determination. CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 4 received from industry. The solicitation was changed from a 100 percent small business set aside to an unrestricted procurement. These changes resulted in a second bridge contract which was issued under authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 to DMI. The period of performance for contract W911SD18P0029 was 01 February 2018 thru 30 April 2018. During the solicitation phase four (4) companies showed interest however only one proposal was received. The proposal was determined unreasonably high in comparison to the revised independent government estimate. Again, the Government could not make a fair and reasonable price determination. (iii) 31 August 2018 J &A 2018-9 was approved, the approval resulted in the definitization of contract W911SD18P0159 with a period of performance of 01 May 2018 thru 31 August 2018. (iv) In order to prevent a break in service, DMI is performing refuse and recycling collection services for USAG West Point under contract W911SD18P0272. The period of performance for subject contract is 01 September thru 15 September. It is anticipated the time allotted under contract W911SD18P0272 will be sufficient enough to complete the approval process of J&A 2018-8. (v) During the period of performance covered under J&A 2018-8 revisions to the PWS will be made. Revisions will include deletion of incentives, achievable recycling goals, deletion of the GPS requirement. The revisions will also provide an option for a contractor operated West Point recycling center. DMI possesses all the necessary labor, tools and specialized equipment and is fully qualified to continue performing refuse collection at West Point while a new solicitation is prepared. 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. b. The collection of refuse and recycling is a health and welfare issue. To not collect the refuse would present a public health and safety issue resulting in a potential spread of disease. Recycling is required to sort recyclables from the waste stream. Refuse and recycling are necessary services and they must be fulfilled in an expeditious manner. CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 5 7. Actions to Increase Competition: A new solicitation will be issued for a new base plus 4 option year period requirement. c. DMI is the current refuse collection contractor. Not only is DMI familiar with the route and camps within West Point, DMI also has staffing in place, they have sufficient resources to allocate to West Point to include front loading trucks and specialized equipment. MICC-WP needs to issue a new award for Refuse and Recycling collection. The previous revisions of the PWS did not result in an award from the previous two solicitations. Based upon prior experience the current estimated period needed to solicit and award a new contract is 6 months. It is not practical to issue an interim bridge contract for less than a minimum of 6 months. d. Solicitation W911SD-17-R-0008, issued 12 December 2017, yielded one proposal that, in comparison to the independent government estimate, was unreasonably high. The Government could not make a fair and reasonable price determination therefore, no award was made. On 5 April 2018, after talking with industry, a decision was made to revise the PWS. Revisions would include the deletion of incentives, setting achievable recycling goal, and deleting the requirement for the GPS. It was also determined a bridge would be required to maintain services while the revisions were being drafted e. A new PWS is under review and a solicitation is expected to be released in October 2018. Due to the complexity of the PWS and the associated issues, it is not expected to be awarded before March 2019. f. A Sole Source Sources Sought Notice was issued on 11 April 2018 and closed on 16 April 2018 for the initial bridge requirement. No responses were received. DMI possess all the tools, equipment, manpower and knowledge to successfully execute the contract requirements. DMI is deemed fully capable to continue to perform in a successful manner. 6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Anew solicitation will be issued on or about 15 October 2018 for a base plus four (4) option year periods. The pending solicitation will allow full competition for the refuse and recycling requirement. a. Effective Competition: Because the bridge is a sole source action, competition is not applicable. b. There is not a subcontracting alternative with the bridge award as the scope of work is limited and not conducive to a subcontracting effort. 8. Market Research: Market research was performed for the previous solicitation W911SD-17-R-0008. In accordance with Defense Federal Acquisition Regulation plus 4 option year period requirement. CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 6 next solicitation to be issued and is not ready to begin operations on 1 May 2018. Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sole Source Sources Sought notice was posted to Federal Business Opportunities on 11 April 2018 and closed on 16 April 2018. DMI and Zero Waste Solutions responded. Zero Waste Solutions will wait for the was not ready to begin operations on 1 May 2018. 9. Interested Sources: DMI is currently performing the contract and is the only known source that can perform at the required performance level while maintaining continuity of services for the contract that expired 30 April 2018.This has been further verified by the above referenced sources sought notice issued for the current bridge award. Zero Waste Solutions responded on 13 April 2018 and expressed an interest in performing this work yet they did not fully comprehend the situation which included an immediate phase-in and declined to participate further. Zero Waste Solutions did express an interest in future opportunities when the new solicitation is issued. 10. Other Facts: a. Procurement History: (1) W911SD-12-C-0008 was fully competed as an unrestricted procurement and awarded to DMI on 23 April 2012 and expired on 31 October 2017. The option to extend under FAR 52.217-8 was exercised. Contract W911SD-18-P-0002 was a non- competitive bridge contract awarded to DMI on 31 October 2017 for the period 1 November 2017 - 31 January 2018. W911SD-18-P-0029 was a second non-competitive contract awarded to DMI for the period 1 February 2018 - 30 April 2018 which was necessary due to additional time to respond to numerous requests for information resulting from the solicitation. W911SD18P0159 was the non-competitive contract which definitized the verbal given by the contracting officer. W911SD18P0272 is the current non-competitive contract which was issued to ensure service while awaiting approval of J&A 2018-8. (2) The authority cited for other than full and open competition for the previous three bridge awards was 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. Each of the three previous bridges included seasonal requirements. West Point has more activities during the spring, summer and fall that required increased refuse pickup schedules. (3) There are no unusual patterns in the procurement history. CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 7 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. REDACTED Chief, DPW Environmental Management Division 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. REDCATED Chief, DPW Environmental Management Division CONTRACTOR: Donato Marangi Inc. PROGRAM EQUIPMENT: Refuse and Recycling at West Point MICC Control No. 2018-46 West Point Control No. 2018-8 Version - March 2018 FOR OFFICIAL USE ONLY 8 Based on the foregoing justification, I hereby approve the procurement of Refuse and recycling services for West Point on an other than full and open competition basis pursuant to 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., subject to 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 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. Certified cost and pricing data will be obtained. This determination will be made using cost analysis and price analysis. As a part of this basis, certified cost or pricing data will be required. REDACTED Contracting Officer 14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. REDCATED Contracting Officer Approval