Eisenhower JA 2024_45 MATOC Increase.pdf

Control No: MICC 2024-45

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: The Fort Eisenhower Directorate of Public Works (DPW) Construction Multiple Award Task Order Contract (MATOC)/Indefinite Delivery Indefinite Quantity (IDIQ) contracts.

Authority: 10 U.S.C. 3204(a)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $15,000,000.00

Prepared by: Zackary Wilken

Contract Specialist Email: zackary.a.wilken.civ@army.mil

DSN: 780-1811

Date: 04 Apr 24

Contracting Officer: Charles Smith Contract Officer Email: charles.t.smith34.civ@army.mil

DSN: 780-1817

Date: 04 Apr 24

Technical: David Gaither Design Branch Chief Email: david.p.gaither.civ@army.mil

DSN: 780-9648

Date: 04 Apr 24

Requirements: Kimberly Agyemang Engineering Division Chief

DSN: 780-9640

Date: 04 Apr 24

Email: kimberly.n.agyemang.civ@army.mil

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

Program Manager:

Kimberly Agyemang DSN: 780-9640

Date: See digital signature

Small Business Professional:

Paul Waite DSN: 829-8199

AGYEMANG.KIMBERLY

.NEWELL.1251896000

Digitally signed by

AGYEMANG.KIMBERLY.NEWELL.

1251896000 Date: 2024.07.24 14:15:29 -04'00'

WAITE.PAUL.ORLIN

GTON.1015243208

Digitally signed by

WAITE.PAUL.ORLINGTON.1015243

Date: 2024.07.25 08:54:51 -04'00'

Local Legal Counsel:

Terence Cleary DSN: 780-4454

Acting Director, MICC- Fort Eisenhower:

Symone Y. Collins DSN: 780-1807

Assistant Director, Small Business Program:

Chinedu C. Nwauwa DSN: 501-7281

MICC Office of Counsel:

Frank A. March DSN: 501-2762

CLEARY.TERENCE.MI

CHAEL.1072798836

Digitally signed by

CLEARY.TERENCE.MICHAEL.10727

98836 Date: 2024.07.25 12:00:09 -04'00'

COLLINS.SYMONE.YVETTE.

1061922381

Digitally signed by

COLLINS.SYMONE.YVETTE.1061922381

Date: 2024.07.25 13:52:51 -04'00'

NWAUWA.CHINEDU.C

HIBUEZE.1246042345

Digitally signed by

NWAUWA.CHINEDU.CHIBUEZE.1246042345

Date: 2024.07.30 09:54:18 -04'00'

MARCH.FRANK.ARN

OLD.1048181437

Digitally signed by

MARCH.FRANK.ARNOLD.1048181437

Date: 2024.07.31 13:10:32 -04'00' with air handling unit and ductwork replacements, steel construction of a building addition at a chapel, a replacement of a steel curtain wall window system at a recreational facility, and several roofing projects. At the same time, freight and logistics costs have also increased dramatically due to tightened capacities and increased fuel costs. There have also been cost impacts from differing site conditions and a decrease in the subcontracting pool in the southeast area which limits competitive pricing for field labor, overhead, and profit.

A major driver of the increased MATOC costs stem from the modifications made to the current task orders. Due to unforeseen issues such as bad soil results from surveys and the finding of asbestos in some building projects. The current dollar total of the MATOC task orders as of 3 July 2024, is $26,104,206.51. Of this total, $5,262,747.84 was a result of modifications to the task orders making up 20.16% of the overall total.

Additionally, for the last five years, the Fort Eisenhower DPW SRM program has been impacted by a major increase of reimbursable projects and new requirements to support the expanding Cyber Center of Excellence mission. The MATOC is utilized to execute these funds and award task orders to maintain Fort Eisenhower real property, and in addition, supporting the growth and transformation efforts. Therefore, the current MATOC contracts awarded in September 2020 now need a ceiling capacity increase of $15 million to support requirements through the remainder of FY24 and FY25.

b. Alternatives.

1) Recompete the MATOC which is not feasible due to the length of time without a construction contract in place.

2) Awarding a stand-alone contract for construction is not feasible due to the time required to process such a procurement and temporary halt to the start of any new construction projects while awaiting the award of a new contract.

c. Impact if Justification not approved. Ongoing projects may be impacted and the fact that the DPW has 13 planned projects for the current MATOC that will be delayed if the ceiling isn’t increased. The existing contractors are prepared to perform, but the DPW would not have the benefit of the current contract arrangements without raising the existing ceiling limitation of the construction MATOC.

6. Efforts to Obtain Competition:

a. Effective competition. Effective competition will continue to occur among the four remaining MATOC contractors at the task order level through issuance of Request for Task Order Proposals. Each task order will be awarded to the contractor with the lowest priced, technically acceptable proposal. The current MATOC contracts were awarded following an extensive competitive source selection.

b. Subcontracting competition. There is no subcontracting plan for this action. Each general contractor oversees the selection of subcontractors required on each particular task order.

7. Actions to Increase Competition: As indicated in the description of action, the current robust level of task order competition amongst the MATOC contract holders will continue for the duration of the FY21 MATOC. A new competitive procurement for a follow-on to the current Construction MATOC will be handled by MICC-Fort Eustis.

8. Market Research: A Notice of Sources Sought was published to Sam.gov by MICC- Fort Eisenhower on 08 March 2024 for 10 days and there were four interested vendors for the ceiling increase.

9. Interested Sources: There were four vendors who responded to the Sources Sought Notice, which were MB Design Consultants LLC, EP Joint Venture LLC (EPJV), Denamita, and Creek Industries. As stated on the Sources Sought notice, these responses will not be evaluated for this current contract as this was not a request for competitive proposals. These responses were shared with MICC-Fort Eustis who is procuring the follow-on construction MATOC for Fort Eisenhower.

10. Other Facts: Procurement History. The current MATOC contracts are displayed in the table in paragraph 2. There was a total of 15 bidders who submitted proposals and 4 were selected to receive awards. Source selection was conducted in 2019 – 2020 for the current MATOC.

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.

David Gaither Design Branch Chief

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.

Kimberly N. Agyemang Engineering Division Chief

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. This determination will be made using the IGCE. As a part of this basis, certified cost or pricing data will be required when applicable.

Charles Smith Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Charles Smith Contracting Officer

SMITH.CHARLES.TY

RONE.1063846860

Digitally signed by

SMITH.CHARLES.TYRONE.1063846

Date: 2024.07.24 08:28:13 -04'00'

SMITH.CHARLES.TY

RONE.1063846860

Digitally signed by

SMITH.CHARLES.TYRONE.10638468

Date: 2024.07.24 08:28:41 -04'00'

AGYEMANG.KIMBERLY

.NEWELL.1251896000

Digitally signed by

AGYEMANG.KIMBERLY.NEWELL.125

1896000 Date: 2024.07.24 14:14:46 -04'00'

GAITHER.DAVID.P

HILIP.1018745999

Digitally signed by

GAITHER.DAVID.PHILIP.101874599

Date: 2024.07.24 14:45:00 -04'00'

Approval

Based on the foregoing justification, I hereby approve the increased ceiling capacity of the Fort Eisenhower Fiscal Year 2021 Construction Multiple Award Task Order Contract on an other-than-full-and-open competition basis pursuant to the authority of Title 10 United States Code Section 3204(a)(1), as implemented by Federal Acquisition Regulation 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The value of the increase in ceiling capacity is $15 million with funding to be applied at the task order level during the remainder of the existing five-year ordering period from 30 September 2020 through 29 September 2025.

The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX

KUKES.SCOTT.

DEAN.1151934

Digitally signed by

KUKES.SCOTT.DEAN.1151

934346 Date: 2024.08.10 20:24:11 -05'00'