Bragg JA 2020_44_Redacted V1_Redacted.pdf

Control No.: MICC 2020-44 Program/Equipment: DPW SRM MATOC

Version – September 2018 FOR OFFICIAL USE ONLY

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

1. Contracting Activity: The U.S. Army Mission and Installation Contracting Command (MICC) - Fort Bragg, 2175 Reilly Road, Fort Bragg, North Carolina 28310-5000

2. Description of Action: The Fort Bragg Directorate of Public Works is requesting a modification to the contracts listed below to increase the ceiling capacity and allow for the completion of a competitive follow-on SRM MATOC/IDIQ in support of the Fort Bragg, Department of Public Works (DPW) construction program. The current construction SRM MATOC/IDIQ was awarded in September of 2017 with a $49 million ceiling capacity. It currently has a remaining ceiling capacity available that is estimated at . This request seeks to increase the ceiling capacity by $36 million, as a result of unforeseen roofing requirements caused by Hurricane Florence that accelerated the depletion of the available ceiling capacity. The significant damage sustained on Fort Bragg due to Hurricane Florence in September of 2018, together with an unplanned increase in the Sustainment, Restoration, and Modernization (SRM) Annual Work Plan (AWP) requirements for Fiscal Year 2019 and 2020 and planned barracks upgrade requirements for FY21 have contributed to the increased usage rate of the SRM MATOC/IDIQ.

Below is a listing of the six current Indefinite Delivery Indefinite Quantity (IDIQ) contract holders:

Contract Number: W91247-17-D-0013 Contractor: CMC Street Address: 5670 Old Lake Rd.

City, State, Zip: Bolton, NC 28423-8906 Phone: 910-655-1490

Contract Number: W91247-17-D-0014 Contractor: Outside the Box Street Address: 1428 Floyd Ave.

City, State, Zip: Richmond, VA 23220-4618 Phone: 804-347-8803

Contract Number: W91247-17-D-0015 Contractor: Chavis Inc.

Street Address: 204 NC HWY 71 N City, State, Zip: Maxton, NC 28364 Phone: 910-844-2000

Contract Number: W91247-17-D-0016 Contractor: Civil Works Contracting LLC.

Street Address: 3329 C Wrightsville Ave.

City, State, Zip: Wilmington, NC 28403 Phone: 910-859-8574

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.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from only 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. The request to increase the ceiling capacity of the above mentioned MATOC contract holders is based on the premise that when the current MATOC was awarded, it was intended to support the projected magnitude of Fort Bragg DPW SRM and minor construction requirements. The actual magnitude though has far surpassed the projections. The current MATOC has a five (5) year ordering period, with approximately two (2) and one-half years remaining. The follow-on requirement will be awarded, per the milestones detailed above, prior to this MATOC’s ordering period expiration.

The request for ceiling capacity increase is as a direct result of capacity being exhausted due to Hurricane Florence storm damage, and other unforeseen FY19 and FY20 high dollar AWP requirements, including planned barracks upgrade requirements for FY21.

a. Background: On 14 September 2018, Fort Bragg sustained severe damage from

Hurricane Florence to a number of facilities located across the installation. Hurricane Florence produced record-breaking flooding and wind gusts over 100 mph, which caused significant damage to buildings, trees, and electrical services across the Fayetteville and Fort Bragg areas. Post Hurricane Florence, the Fort Bragg DPW coordinated with MICC-Fort Bragg to assist them in putting contract actions in place immediately to arrest the damage to a number of critical facility roofs that were severely impacted. Utilizing the existing Construction MATOC allowed the MICC-Fort Bragg to award Task Orders in an expedited manner. Use of the MATOC was the most viable/timely option at that time to aid in preventing additional degradation to the roofs that most likely would have occurred from future weather related incidents. Five Task Orders were awarded off the MATOC on 30 September 2018 valued in excess of $6.8 million. However, these Task Orders only fixed a few of the critical facilities that were severely damaged from sustained wind and rain damage from Hurricane Florence, with an additional 27 Task Orders executed off the MATOC for over 225 additional roofs needing restoration or complete replacement. DPW’s heavy reliance on the existing Construction MATOC in FY19 resulted in the ceiling capacity being quickly depleted by an estimated $22 million. In addition, a further unforeseen requirement arose in late FY19;

Phase I of the complete refurbishing of Building 2-1105 resulted in a further depletion of the ceiling capacity of $2.2 million.

The Fort Bragg Garrison’s AWP has significantly increased over the last three FYs. The AWP for FY18 was approximately . The AWP for FY19 increased over fivefold to approximately . The AWP for FY20 is approximately . DPW’s increase in funds for FY19 and 20 far exceeds that of the combined AWPs for FY 16, 17, and 18. If the AWP had stayed status quo with those 3 FYs, the current value of the MATOC would had been sufficient to last the full five (5) year ordering period. However, since the AWPs have dramatically increased since FY18, the current value of the MATOC is insufficient to support DPW’s FY20 and projected FY21 AWP requirements. While the workload for FY20 would exhaust this J&A’s request of the increase in the ceiling capacity, it is not the MICC – Fort

DPW is also anticipating two additional requirements for repairs to the Fort Bragg Officers Club and the Carolina Inn in FY21 with an estimated combined value of . These requirements will be postured to be awarded off of the follow-on Construction MATOC that is projected to be awarded in April 2021. At this time, DPW has not stated what their FY21 AWP projected overall value will be, nor have they stated how much of this value will be designated for the follow on Construction MATOC.

If MICC – Fort Bragg had known at the time of award of the MATOC that DPW would have received significant additional requirements in FY19, 20 and 21, the current MATOC would have been awarded with higher ceiling capacity. The follow-on MATOC will be awarded with a ceiling of .

b. Alternatives: Suspending operations is not a viable alternative as the DPW failure to provide these requirements will result in mission failure, and DPW lacks the personnel and expertise to perform these requirements in-house. The types of construction services to satisfy agency requirements are not reasonably available from any other sources. It has already been determined that a competitively sourced solution cannot be available until 21 April 2021. Additionally, while some minor construction projects may lend themselves to individual 8(a) contracts, use of 8(a) contracts to meet the magnitude of these requirements are not a viable option; such contracts are generally still sole source, are often higher-priced, generally offer lesser scope in work type, and require a significant administrative burden.

c. Impact if justification not approved: If the ceiling capacity of the existing MATOC is not increased to allow MICC – Fort Bragg Installation I Division to provide expedited Task Orders for this year’s requirements or for FY 2021, DPW’s mission will be severely degraded. The impacted mission includes design, construction, maintenance and repair of all facilities, operation of utility systems, management of all environment and disposal, natural and cultural resources programs as well as providing centralized management for Army Family Housing.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a) (11), this action will not be synopsized.

a. Effective Competition: This is a limited sources action; effective competition will continue to occur among the six (6) existing MATOC holders at the task order level. The current MATOC contracts were awarded following an extensive competitive source selection.

Additionally, the six (6) MATOC holders have performed adequately, continue to meet responsibility criteria, and are anticipated to compete for remaining task orders.

b. Subcontracting Competition: This is a HUBZone action; a subcontracting plan is not required.

7. Actions to Increase Competition: As indicated in the preceding paragraph number two above, the current robust level of task order competition will continue for the duration of this MATOC. Additionally, the MICC – Fort Bragg is working on a competitive follow-on MATOC that has an estimated award date of 30 September 2021.