A.3.6.1_JA_Corrosion_Control_Facility_--_Final_signed_(002).pdf

Control No: JA 19-0001

FOR OFFICIAL USE ONLY

Justification Review Document for Other than Full and Open Competition

Project: Corrosion Control Facility, Osan AB, Korea

Authority: 10 U.S.C. 2304(d)(1)(B) as implemented in Federal Acquisition Regulation 6.302- 1(a)(2)(iii). Under this authority only the original contractor is deemed the responsible source and no other supplies or services will satisfy agency requirements for follow-on contracts for the continued provision of highly specialized services to the DoD when it is likely that award to any other source would result in substantial duplication of cost to the Government that would not be recovered through competition and/or would result in unacceptable delays in fulfilling the Government’s requirements.

Amount: $400,000.00

Prepared by:

Brady Hales DSN: 315-721-6069 Contracting Officer, FED Date: 25 Aug 2018 Email: Brady.L.Hales@usace.army.mil

Contracting Officer:

Brady Hales DSN: 315-721-6069 Contracting Officer Date: 25 Aug 2018 Email: Brady.L.Hales@usace.army.mil

Requirements Representative:

Clayton Tallman DSN: 315-721-6113 Project Manager, FED Date: 25 Aug 2018 Email: suk.y.cho@usace.army.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Associate District Counsel:

Typed Name: Paul L. Huhtanen

DSN: 315-721-7492

Signature: ____________________ Date: ____________________05 October 2018

Digitally signed by

HUHTANEN.PAUL.LOUIS.1055676662

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HUHTANEN.PAUL.LOUIS.1055676662 Date: 2018.10.05 15:35:31 +09'00'

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Contracting Division, US Army Corps of Engineers (USACE), Far East District (FED).

2. Description of Action: Approval is requested for a non-competitive contract action to Thomas J. Davis, Inc. for the Architect Engineer design of a Corrosion Control Facility

3. Description of Supplies/Services: The Architect Engineer’s (A-E) services include engineering and designing are estimated at $400,000.

4. Authority Cited: 10 U.S.C. 2304(d)(1)(B) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii). Under this authority only the original contractor is deemed the responsible source and no other supplies or services will satisfy agency requirements for follow-on contracts for the continued provision of highly specialized services to the DoD when it is likely that award to any other source would result in substantial duplication of cost to the Government that would not be recovered through competition and/or would result in unacceptable delays in fulfilling the Government’s requirements.

5. Reason for Authority Cited:

a. Use of competitive (i.e., Brooks Act – FAR 36.6) procedures for the desired A-E design services for the subject project will not result in any cost savings to the Government, and will likely cost it more in terms of money and time.

b. Thomas J. Davis, Inc (TJD) was awarded an A-E design contract (W912UM-12-C- 0029) in the amount of $851,332.00 on April 10, 2012 to prepare the Architect Engineer Design for CY13 ROKFC In-Kind, SMYU05-3030, F16R600, Corrosion Control Facility, Osan AB, Korea.

c. Contract Modification P00001 was issued in the amount of $19,950.00 on April 28, 2016, pursuant to FAR 52.243-1 –Changes – Fixed Price (Aug 1987) – Alternate III (Apr 1984) in order to incorporate a revised scope of work. The contractor completed work and the contract was closed out on October 31, 2016.

d. The Government and TJD are currently in the process of working through a design deficiency.

e. Because TJD already performed the Architect Engineer design for this facility, using the same Architect Engineer’s services for the design of the additional work in this facility will avoid substantial duplication in cost. Soliciting a new A-E contract is impractical because other A-E firms would need to perform duplicative effort to evaluate and validate the existing TJD design. Selection of an A-E other than TJD since any other designer would need to perform greater effort to evaluate and validate the existing TJD design and prepare their input towards the design of the additional work. An additional consideration is due to the potential for disputes and liability issues involved with multiple designers of record for one facility.

f. Because FED lacks capacity on any existing A-E services IDIQ vehicle, full and open competition would incur approximately $20,000 in administrative costs soliciting, evaluating and awarding the procurement – approximately $10,000 more than it anticipates it will spend to process this justification and negotiate a contract with TJD.

The estimated costs for the new contract, plus validation of the original design would be $500,000 to $550,000; whereas the estimated costs for TJD to complete the design would be $400,000, an estimated savings of $100,000 to $150,000. As noted at the outset in paragraph 5.a., a Brooks Act competition which by law must consider only qualifications of the A-E competitors and not price cannot be expected to “recover” any increased costs of this duplicative design validation work. It is also estimated that the sole-source to TJD would result in 6 to 8 months’ savings in performance due to learning curve efficiencies in utilizing the same designer on the previous contracts.

6. Efforts to Obtain Competition:

a. Effective competition is not anticipated for this acquisition. For the reasons stated in paragraph 5 above it would not be practical to solicit work from AE contractors other than TJD, Inc.

b. Subcontracting competition. FED will advise TJD to place any work it needs to subcontract in accordance with the competitive procedures of the Brooks Act and FAR 36.6.

7. Actions to Increase Competition: N/A, see paragraph 6.

8. Market Research: FED conducted market research by reviewing existing acquisitions among its existing A-E services contractors to determine which contractor would best be able to provide the design services needed by the FED Engineering Division, Design Branch to complete its design under this project. FED’s market research concluded that TJD, Inc. was the best qualified A-E contractor to provide the required services, given that it had recently produced the existing design for the Corrosion Control Facility, Osan AB, Korea.

9. Interested Sources: To date, no other sources have written to express an interest. The notices required by FAR 5.201 were published on September 4, 2018, no inquiries or proposals were received.

10. Additional Information to Support the Justification:

a. Procurement History.

(1) W912UM-12-C-0029 Awarded on April 10, 2012.

(2) W912UM-12-C-0029-P00001 Awarded on April 28, 2016.

(3) Not applicable. This is the first time this specific requirement has been solicited.

(4) Not applicable. This is the first time this specific requirement has been solicited.

(5) No unusual patterns have been revealed by the history of this acquisition.

(6) Not applicable. This is the first time this specific requirement has been solicited.

b. Other facts. None.

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: Nam Pai Date:

Title: Design Manager, FED 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: Clayton Tallman Date:

Title: Project Manager, Far East District Signature:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated costs to the Government for this contract action will be fair and reasonable. The basis for this determination will be the Independent Government Estimate for this project, and any necessary negotiations. No cost or pricing data will be required since this requirement is estimated below the cost or pricing data threshold. However, if the proposal exceeds the threshold; the Government will request cost or pricing data.

Typed Name: Brady Hales Date:

Title: Contracting Officer, Far East District Signature:

14. Contracting Officer Certification:

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

Typed Name: Brady Hales Date:

Title: Contracting Officer, Far East District Signature:

09 Oct 2018 j1cdunp9 Typewritten Text October 09, 2018 j1ct9blh Typewritten Text 9 October 2018 j1ct9blh Typewritten Text 9 October 2018 j1ct9blh Typewritten Text j1ct9blh Typewritten Text j1ct9blh Typewritten Text j1ct9blh Typewritten Text j1ct9blh Typewritten Text

Approval

Based on the foregoing justification, I hereby approve the procurement on an other than full and open competition basis pursuant to the authority of 10U.S.C.2304(c)(1), FAR 6.302-1(a), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature: ___________________ j1ct9blh Typewritten Text 9 October 2018