Redacted J A.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

Ogden air Logistics Center (OO-ALC)

Civil Engineering Contracting Support

OO-ALC/PKOB

6038 Aspen Avenue, Bldg 1289 NE

Hill AFB, UT 84056

Contracting Officer: Van Dusenberry

DSN: 777-0190, COM: 801-777-0190

Purchase Request Number: F2D08AA0293MU08003

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

A. Upon approval to use other than full and open competition procedures, the government will award a new follow-on contract. This contract will avoid a break in steam delivery service when FA8201-06-C-0038 expires on 6 April 2011. The new contract will be issued to Wasatch Integrated Waste Management District (WIWMD) to purchase steam produced at the WIWMD burn plant and have it delivered to building 260 on Hill AFB.

The contract will be a one year base with two one-year priced options for a total period of performance of three years. There will be fixed quantities as a minimum, with a downward price adjustment over the minimum quantity. The option to extend services will be incorporated (52.217-8) and will be evaluated (52.217-5).

B. Type of J&A: Individual

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

A. Under the contemplated contract, WIWMD will provide steam produced from the

WIWMD burn plant and will deliver it to Hill AFB via the existing government owned, WIWMD maintained steam line. WIWMD will provide a continuous steady flow of steam that shall not contain more than one (1) percent moisture or be superheated.

WIWMD is required to maintain all steam delivery and measuring equipment from the burn plant to the delivery point at Building 260, to include the metering. Steam delivery equipment includes steam delivery piping, leak detection, and repair.

B. Delivery of steam will occur from 7 April 2011 to 6 October 2014 (includes 6 month extension). The total maximum estimated value for the duration of the contract is

$10.8M using O&M 3400 funds. For this requirement, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year’s requirements.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 USC 2304(c)(1), as implemented by FAR 6.302-1.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY

CITED ABOVE (APPLICABILITY OF AUTHORITY)

A. WIWMD constructed the burn plant in the present location in 1985 specifically to sell steam to Hill AFB to supplement boiler plant operations. Hill AFB has continuously received steam from WIWMD for the past 25 years. The most recent sole source contract

FA8201-06-C-0038 was awarded on 14 Feb 2006 and will expire on 6 April 2011.

B. The unique capability to provide steady steam distribution, avoiding line losses and condensing of steam (making it unusable), is location. The location must be in close proximity to the end user. Therefore, this acquisition is for continued production of a highly specialized product.

C. In order for this requirement to be competitive it would require a new contractor at least one year to acquire the land from Davis County, one year for the construction of a new facility, and one year to acquire the necessary EPA and Utah State air quality permits. In addition to an estimated three year delay, the Air Force would incur an additional cost of

$1.05M.

D. Accordingly, WIWMD is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

A. A sources sought notice was not accomplished as there are no other steam production sites within a close proximity to Hill AFB.

B. A synopsis is not required per FAR 5.202 (a)(5).

C. Other Actions: There are no other actions taken to obtain potential sources as identified in paragraph V above.

D. Qualifying Country Sources: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The contracting officer will comply with the procedures and criteria contained in Federal Acquisition Regulations under Parts 30- Cost Accounting

Standards, 31 – Contract Cost Principles and Procedures, Subparts 15.4 – Contract

Pricing, to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference

Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Air Force will obtain certified cost and pricing IAW FAR Subpart

15.403, when required. The final step is to include the Price Negotiation Memorandum

(PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS

NOT CONDUCTED

Market research was conducted and there are no additional companies within a required proximity to Hill AFB.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

None

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

None

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

MAKING SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES

REQUIRED

See Section V above.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he has determined this document to be both accurate and complete to the best of his knowledge and belief (FAR 6.303-2(a)(b)).

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.302-2(b)).