A.02 JA__W912HN18C5004.pdf

Control Number: SAS 22-06

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION

Contract W912HN18C5004 Maintenance, Repair, Facility Renovation/Rehab and Operations of Thurmond Project

1. Agency/Contracting Activity: U.S. Army Corps of Engineers, Savannah District, Contracting Division, Supplies and Services Section, 100 West Oglethorpe Avenue, Savannah, GA 31401

2. Description of the Action: Approval is being requested for a modification to an existing contract. W912HN18C5004 is a performance-based cost-plus fixed fee/firm fixed price contract providing operations and maintenance (O&M) support to J. Strom Thurmond, Richard B. Russell and Savannah River Below Augusta Projects. The contract is funded with Operations and Maintenance funding. The modification is for supplemental funding received under Operations and Maintenance.

3. Description of Supplies/Services: Contract No. W912HN18C5004 was awarded to R&D Maintenance Services on 31 July 2018. The purpose of this contract is to provide for maintenance, repair, minor construction, and operation of the Thurmond Project to include the Project Manager’s Office, campground and day-use parks, boating access areas, dam, power plant, New Savannah Bluff Lock and Dam, the Richard B. Russell Project, and other project resources.

The requested modification work is for Richard B. Russell Project Operations Waterline Upgrades.

Add capacity under cost reimbursement CLIN 3004 to complete supplemental funding project under TP-6, repairs to buildings, structures, security systems, mechanical, electrical, water supply and sewage disposal systems. Labor is not considered in this proposal due to full-time staffing already on the contract under firm fixed price TP-2. This project would be incorporated into the contractor’s off-season work schedule. Work to upgrade waterlines will be performed in the Richard B. Russell Project Operational Area, located along Russell Dam Drive and Moonlight Drive between Bobby Brown State Park Road and Russell Dam. Work will consist of installing approximately 1,100 liner feet of 2-inch schedule 40 PVC waterline, 12 cutoff valves, 8 water meters and 12 heavy duty valve boxes. All work will be marked with marker tape and tracing wire to prevent any damage to waterline by future digging activities. The waterline is to be installed upon the existing waterline path unless noted differently on provided maps. All valves and meters are to be installed in heavy duty valve boxes in locations as indicated on provided maps. As built drawings showing the locations of waterline and valve boxes are to be provided to the Government upon completion of work.

Technical Provision 6 covers water supply systems. Specifically, TP-6.3.2 states “Water Systems:

All work under this section will be in accordance with applicable state rules for safe drinking water.

This contract includes repair or replacement of damaged, broken, or malfunctioning water mains, storage tanks, valves, vacuum breakers, outlets and faucets, interior building plumbing, irrigation systems, underground water lines, water meters, pressure reducing valves, pressure relief valves, f ittings, pumps, chlorinators, fountains, and casings. Restore disturbed areas to their original conditions, including the establishment of grass using approved cultivation procedures. Water systems entered for repairs will be sterilized before reuse. Work also includes maintenance of one

(1) fish aquarium in the Thurmond Lake Visitor Center.”

Although water line repair/replacement was anticipated under the basic contract, the scope of this project was not anticipated when estimating quantities or completing the independent government estimate for the basic contract. The requiring activity is Richard B. Russell Project, Savannah District. The performance period for this work would fall under contract option year 3, which runs 15

September 2021 to 14 September 2022. Specifically, our goal would be to complete the project between January and March of 2022.

The estimated dollar value for the project is $155K.

4. Authority Cited: The cited statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as authorized by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” The authority for this exception is 10 U.S.C. 2304(c)(1). This provision states, “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for…(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in -- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or (B) Unacceptable delays in fulf illing the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B).)”

5. Reason for Authority Cited:

a. Background. The need for waterline repairs was first identified through the budget process in FY19. The portion being replaced is approximately 40 years old. It was built with thin-walled PVC, not schedule 40 PVC that is currently required. Maintenance staff at the power plant repair line failures annually and sometimes multiple times a year. The O&M service contractor has also repaired the line on more than one occasion. Supplemental funding was received in FY22.

Contract W912HN18C5004 was awarded in July of 2018. It encompasses three project locations and eight business lines. Estimated quantities for cost reimbursement TPs 6-15 were identified in Section L of solicitation; however, quantities and pricing do not include unanticipated special projects that arise through provision of supplemental funding during the course of this 5-year service contract. Thus, the awarded contract amount does not allow room for unexpected supplemental funding such as this. In order for the contractor to perform work during the specified time, the modification to add this work to the contract would need to be completed no later than January 2022.

b. Justif ication. A contract vehicle is currently in place to complete this work under Contract

No. W912HN18C5004. Most of the contract capacity on option year 3 is already fulfilled with planned work projects – as well as routine work requirements – across all business lines and projects. Competing this project would result in duplication of resources when the Government is already paying for labor and overhead under existing contract W912HN18C5004. In addition, if this action were to be competed, work would not be completed in the timeframe specified due to the lengthy acquisition process. The incumbent contractor, R&D Maintenance, Inc., already has the labor on-hand and access to equipment and supplies to complete the job. Competing this action would only result in a duplication of resources already available on-site under the existing 5-year O&M service contract. The contractor recently completed similar work, upgrading water lines at two campgrounds on J. Strom Thurmond Project in 2018 and 2021. The substantial duplication of cost that is not expected to be recovered through competition includes the cost of the acquisition, labor, overhead, G&A, fee, and profit for an estimated additional cost of $56,000.00. This cost would not be offset or overcome by competing the requirement.

c. Alternatives. An alternative option available to the Government would be to compete this action under a new contract acquisition. This alternative is not in the best interest of the Government as this would create a significant duplication of cost.

d. Impact. By not issuing a modification to the current contract, the Richard B. Russell Project would not execute their supplemental funding package for water line work in a timely manner.

Funding is available now to make a critical, needed infrastructure improvement at Richard B.

Russell Project. If timely execution does not occur, the Project could lose its opportunity to improve its water supply system; thus, allowing the existing system to further degrade and potentially end up in a state needing emergency maintenance repairs. A potential $150,000.00 to $300,000.00 in available funding could be lost if not utilized timely and in the most fiscally responsible way.

6. Efforts to Obtain Competition: Contract No. W912HN18C5004 was issued to R&D Maintenance Services on 31 July 2018. This requirement was a 100% Small Business Set-Aside.

IAW DFARS PGI 206.302-1(d), when utilizing the authority at FAR 6.302-1, the contracting officer shall post a request for information or a sources sought notice and shall include the results of this inquiry in the justif ication required by FAR 6.303. A Notice of Intent to Sole Source this requirement was posted to sam.gov on 3 January 2022 for 15 days. To date, no responses have been received.

The delays associated with waiting for a new contract to be executed for a single work project would result in substantial increases in overall cost to the Government. R&D is already on-site performing work for the customer, there would be no mobilization costs associated with this action.

Also, costs associated with acquiring the appropriate insight and technical knowledge required to fulf ill customer needs in a timely manner will be eliminated.

The Government ensures that the prime contractor obtains as much competition as possible in its subcontracting. FAR 52.244-5, Competition in Subcontracting, is incorporated in the contract.

7. Actions to Increase Competition: Initial consideration was given to the recommended sources in an effort to increase competition for this requirement. However, no other sources could be identif ied from AbilityOne, UNICOR, and GSA. This action is a one-time requirement. A Notice of Intent (NOI) to Sole Source the requirement was posted to sam.gov on 3 January 2022 for 15 days. The NOI advised any potential bidders that if they believe they can provide this requirement at a competitive price to respond via email the Contract Specialist, Jennifer Ford. To date no responses have been received. In the event interest is received prior to award of this modification, CT will provide the interested parties a solicitation for them to complete and provide their pricing for this work which will then be evaluated in comparison to the proposal received by R&D.

8. Market Research: Initial consideration was given to the recommended sources in an effort to increase competition for this requirement. However, no other sources could be identified from AbilityOne, UNICOR, and GSA. A Notice of Intent (NOI) to Sole Source the requirement was posted to sam.gov on 3 January 2022 for 15 days. No responses were received in response to the NOI. Issuing a bilateral modification to incorporate this work into Contract no. W912HN18C5004 is the best course of action at this time.

9. Interested Sources: IAW FAR 6.302-1, as a result of the Notice of Intent to Sole Source synopsis, to date, no other sources have written to express an interest.

10. Other Factors: Contract W912HN18C5004 was awarded in July 2018. W912HN-13-C-0006 was awarded in April 2013. W912HN-08-C-0029 was awarded in June 2008. All three O&M service contract procurements were awarded using full and open competition.

11. Technical / Requirements Certification

I certify that the supporting data under my cognizance which are included in the justif ication are accurate and complete to the best of my knowledge and belief.

Name:_____________________________ Date: ________________ Title: ______________________________ Signature: __________________________________

12. Fair and Reasonable Price Determination

As contracting officer, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Name:_____________________________ Date: ________________ Title: ______________________________ Signature: __________________________________

13. Small Business

I certify that I have reviewed this document and supporting data and concur with the findings.

Name:_____________________________ Date: ________________ Title: ______________________________ Signature: __________________________________

13. Legal Review (IAW UAI 5101.602-2-90(c))

I have reviewed this justif ication and find it legally sufficient.

Name:_____________________________ Date: ________________ Title: ______________________________ Signature: __________________________________

14. Contracting Officer’s Approval

I certify that this justif ication is accurate and complete to the best of my knowledge and belief.

Based on the foregoing justification, I hereby approve the procurement of RBR Waterline Upgrades on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name:_____________________________ Date: ________________ Title: ______________________________ Signature: __________________________________

Christina Alford 14 March 2022 Supervisory Natural Resources Program Specialist

Contracting Officer

Whittni C. Hiscox 14-Mar-2022