Eglin SABER Bridge JA_Signed_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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I. Agency and Contracting Activity.

AFTC/PZIOCC and 96 CEG/CEN 96 TW, Eglin AFB FL

II. Nature and/or description of the action being approved.

Extend Simplified Acquisition of Base Engineering Requirements (SABER) Contract due to protest on follow-on contract.

III. Description of supplies/services required to meet agency needs.

This contract will include, but is not limited to, furnishing all plant, labor, equipment, materials and performing all work and all operations required to do a broad range of maintenance, repair, and minor construction work on real property at Eglin AFB and its associated sites in Florida. The scope of this effort is considered “non-complex” up to 35% Design effort. The work for construction is valued between $500 and $1,000,000 that is mainly for maintenance, renovation, and repairs.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

Per FAR 6.302-2 and FAR 19.808-1, it has been determined that MA-CHIS - WB JV, LLC are deemed capable to perform the work needed and has the available workforce to immediately address this requirement that poses mission degradation. MA-CHIS - WB JV, LLC has an office located within 25 miles of Eglin AFB, FL. The contractor that was selected had previously performed on the SABER contract during the time frame from 2013 and 2014 at the height of the program, when CCI Group was at their peak. Mr. Billy Bergfeld was the day to day project manager for SABER operations out in the field and acted for CCI Group, while the main sub-contractor was GCI in finishes (Div 09).

Mr. Bergfeld then left and went to work for a family company, Wright Brothers, Inc., who sub-subsequently took GCI with them. The Wright Brothers have a joint-venture now with the Ma-Chis tribe out of Alabama. FAR 19.805-1(b)(2) which allows this 8(a) Program action to be awarded as a sole source requirement. It is in the best interest of the government to procure this requirement as an 8(a) sole source effort. MA-CHIS - WB JV, LLC, a Tribally Owned 8(a) joint venture fulfills this requirement but is also within the proximity needed to successfully accomplish the requirements with little lead time needed to begin executing the requirements of SABER.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A publicized notice will be posted as required by subpart 5.2.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Program Manager and the Contracting Officer have reviewed the Contractor's co-efficient for acceptability and feasibility for this contract and have found it to be fair and reasonable as it aligns with the IGE for this contract.

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VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The Independent Government Estimate does not exceed the threshold for soliciting to an 8(a), the Government intends to use FAR 19.808-1(c) and DFARS 219.808-1 which allows this 8(a) Program action to be awarded as a sole source requirement. It is in the best interest of the government to procure this requirement as an 8(a) sole source effort. It was determined to be in the best interest of the Government to have a Contractor that had a local business office that was within 25 miles of Eglin AFB, FL. Because of the length of the contract (1 year or less); Eglin AFB would not have the space available to allow accommodations for a trailer and lay down area for an additional SABER Contractor. A small dynamic business search was conducted for area code (850) and it resulted in fifteen (15) local contractors. We selected a company that we knew had a local business location within 25 miles of Eglin AFB, and who had previously worked on the local SABER contract, ensuring a quick start to accomplishing requirements.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

The current SABER contract allows for multiple projects to be executed simultaneously.

The SABER Civil Engineering Team has execution timelines and obligation rates for Eglin AFB to meet and the SABER contract allows them to execute all the projects that are planned for the fiscal year. A stand-alone construction contract takes anywhere from 90-120 days to award versus a SABER task order which normally only takes 45-60 days to get an award. Delay in award of contracts results in mission degradation for test and evaluation on Eglin AFB. The contract will be for a one-year base, per FAR 6.302-2(d)(ii). Individual Task Orders period of performance will be negotiated separately at the time of the Task Order award.

The average duration of each Task Order ranges from 90 - 180 days. The average frequency for Task Orders is per year. The current SABER contract has Task Orders awarded within the past year and with an estimated more Task Orders with an estimated value of $ being awarded by end of FY 2024. In accordance with FAR 16.504(c)(ii)(B)(3), FAR 16.504(c)(ii)(B)(6) and FAR 6.302-2, and based on the information above, it has been determined to be in Government’s best interest to use a single award Firm-Fixed-Price IDIQ as the most advantageous method of fulfilling the Government’s usual and compelling need.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

None noted

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

Taking necessary actions to promote competition in the future.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

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XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.