SPECIAL NOTICE
V -- One month extension of contract W81XWH-14-P-0406 due to GAO protest.
- Notice Date
- 7/28/2015
- Notice Type
- Special Notice
- NAICS
- 485410
— School and Employee Bus Transportation
- Contracting Office
- US Army Medical Research Acquisition Activity, ATTN: MCMR-AAA, 820 Chandler Street, Frederick, MD 21702-5014
- ZIP Code
- 21702-5014
- Solicitation Number
- W81XWH14P0406
- Archive Date
- 7/27/2016
- Point of Contact
- Barton Vint, (301) 619-3689
- E-Mail Address
-
US Army Medical Research Acquisition Activity
(barton.j.vint.civ@mail.mil)
- Small Business Set-Aside
- N/A
- Description
- Justification for Other than Full and Open 1. Contracting Activity. U.S. Army Medical Research Acquisition Activity (USAMRAA) 820 Chandler Street Fort Detrick, MD 21702 Requiring Activity: Defense Health Agency (DHA) 2. Description of Action. Approval is being requested for a one (1) month period of performance extension of contract W81XWH-14-P-0406 with Blue Ridge Transportation Services, LLC. The new POP will be from 30 July 2015 through 29 August 2015. This FFP modification will be funded using FY15 Operations and Maintenance (O&M) funding. 3. A Description of the Supplies or Services Required. This action seeks to extend contract W81XWH-14-P-0406 for one (1) month from 30 July 2015 through 29 August 2015. This contract provides professional, fully operational, and safe shuttle bus service for the benefit of all civilians, military and contract personnel to include visitors working or visiting the Defense Health Headquarters (DHHQ) facility. This shuttle service also provides transportation services from the Dunn Loring Metro to DHHQ then back to the Dunn Loring Metro, from the Pentagon to DHHQ then back to the Pentagon, and from the Skyline Complex to DHHQ then back to the Skyline Complex. Furthermore, the DHHQ Shuttle Services requirement was recently competed and awarded to another vendor. However, a protest was submitted to GAO and a stop work issued to the new vendor effective midnight ET on 29 April 2015. GAO has until 03 August 2015 to render their decision on the protest. This extension is needed to allow time to complete the protest process and to ensure there is no gap in shuttle services for the approximately 3,050 staff at the DHHQ. 4. Authority Cited The statutory authority permitting other than full and open competition is 10 U.S.C.2304(c)(2) as implemented by FAR 6.302-1(a)(2)(iii). Services are deemed to be available only from the original source for the continued provision of shuttle services. It is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition for the period of time proposed. 5. Reason for Authority Cited. The DHA has a need for continued Shuttle Services to support personnel located at the DHHQ. The DHHQ houses approximately 3,050 personnel from the Defense Health Agency (DHA), the Navy Bureau of Medicine, the Office of the Surgeon General of the Air Force, the Office of the Surgeon General of the Army and the Office of the Secretary of Defense (Health Affairs). The DHHQ staff utilizes the DHHQ Dunn Loring and Pentagon Commuter shuttles for commuting to and from work, and the DHHQ Skyline shuttle to attend meetings at DHA offices located at Skyline in Falls Church, VA. Due to the limited availability of parking on the DHHQ campus, any disruption in this shuttle service will have a detrimental impact to the DHHQ staff and the DHA mission. The combined shuttle service has on average 300 - 400 riders per day, or 10% of the DHHQ population, using the service. Many employees rely on having this service available to commute to work, to include contractor personnel, who provide critical program management services, and who also provide operations, sustainment, and maintenance of vital network systems used by the DHA, that could have a direct impact on the war fighter. Failure to continue these shuttle services would severely and negatively impact the ability of DHHQ staff to perform their jobs to support the mission of the DHA to include supporting the operation and maintenance of the DHHQ network. As stated, upwards of 300 employees rely on this service to commute to work. Others rely on this service to attend meetings at Skyline in support of their program management support efforts. A new contract was awarded on 10 April 2015 with 10 days of incoming transition starting 13 April from two contracts. Full DHHQ Shuttle Services commenced on 27 April. However, a protest was submitted to GAO and a stop work issued to the new vendor effective midnight ET on 29 April 2015. Services were continued with the previous shuttle service providers; one bridge contract was awarded by USAMRAA to the DHHQ Lessor, GBA, for the DHHQ-Dunn Loring Express Shuttle and the other contract was extended by USAMRAA to Blue Ridge Transportation for DHHQ-Dunn Loring, DHHQ-Pentagon Commuter and DHHQ-Skyline shuttle services. GAO has until 03 August 2015 to render their decision on the protest. This extension is needed to ensure there is no gap in shuttle services for the approximately 3,050 staff at the DHHQ and to allow time to complete the protest process. Blue Ridge Transportation is the only contractor who has the operational infrastructure and equipment to provide these vital services in the time needed. Blue Ridge Transportation has successfully performed the services during the current period of performance. Awarding to any other contractor would lead to unavoidable delays and costs. The extension of the current order is necessary to ensure continuity of services. No other source than the incumbent could render the required services in the time frame required by this extension of services without a significant and unacceptable break in service. 6. Efforts to Obtain Competition. This action is only for a one (1) month extension and award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition for the period of time proposed. Blue Ridge Transportation is the only contractor who can provide a seamless transition in the time needed. 7. Actions to Increase Competition. The Government re-competed this requirement and made an award. However, the award was protested to the GAO so the Government is awaiting the outcome of the GAO protest to determine if the selected contractor can continue with the award or if a new competition needs to be conducted. 8. Market Research The Government has performed some market research and has identified other shuttle providers, some of whom provide other shuttle services to the DHHQ. However, Blue Ridge Transportation is the only contractor who has the operational infrastructure and equipment to provide these vital services in the time needed. This action is only for a one (1) month extension and award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition for the period of time proposed. 9. Interested Sources Blue Ridge Transportation Services, LLC, is the only interested source in that no other source than the incumbent could render the required services in the time frame required by this extension of services without a significant and unacceptable break in service. Upon receiving the GAO Protest, the notice of extension was posted on ASFI - FedBizOps and received no responses. This extension adds needed time to this contract with no change to the scope of the extension. To date, no other sources have written to express an interest. 10. Other Factors a. Procurement History (1) Contract numbers and dates of the last several awards: Previous Contract Number: W81XWH-12-F-0317; Date: 14 August 2012 to 26 July 2014 Current Contract Number: W81XWH-14-P-0406; Date: 28 July 2014 to 29 July 2015 (2) Competitive status of these actions: Previous Contract: Fair Opportunity using GSA Schedule Current Contract: Exception to Full and Open (3) Authority for less than full and open competition previously used: 10 U.S.C.2304(c)(2) as implemented by FAR 6.302-2 (4) If a justification was prepared to support the procurement made before this one, provide a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. Paragraph 7 of the justification for the current award stated that the Government re-competed this requirement and made an award. However, the award was protested to the GAO so the Government is awaiting the outcome of the GAO protest to determine if the selected contractor can continue with the award or if a new competition needs to be conducted. This extension will ensure there is no gap in shuttle services for the approximately 3,050 staff at the DHHQ and to allow time to process the protest. (5) If any prior award was accomplished by full and open competition, provide a detailed explanation of the changed circumstances. Not Applicable (6) Provide an explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. Not Applicable (7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. In February 2014, Blue Ridge Limousine & Tours (current contractor providing the transportation services under contract W81XWH-12-F-0317, GSA Schedule number GS-33F-0029X) filed for Chapter 7 Bankruptcy. Through the proceedings, a quote mark Sale Motion quote mark was approved, and a former Principal of Blue Ridge Limousine & Tours purchased the company. The Principal subsequently submitted paperwork for Novation under the name Blue Ridge Transportation. On 24 July 2014, three (3) days prior to the Option Period expiration under contract W81XWH-12-F-0317, GSA legal counsel determined that the proposed Novation was not legally sufficient, based on the fact that Blue Ridge Transportation did not purchase the vehicles used in performing the services. The DHA had a requirement for continued Shuttle Services to support personnel located at the DHHQ. Failure to provide these shuttle services would have negatively impacted the ability of DHHQ staff to perform their jobs to support the mission of the DHA to include supporting the operation and maintenance of the DHHQ network. Blue Ridge Transportation was the only contractor who had the operational infrastructure and equipment to provide these vital services in the time needed. b. Other facts. A procurement package has been provided for this action; including a statement of requirement with applicable appendices and an IGCE. Only Blue Ridge Transportation, LLC., can perform these shuttle services in the time frame required by this extension of services without a significant and unacceptable break in service.
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