JA_Paving_Mod_Revised11May15.pdf

COORDINATION AND APPROVAL DOCUMENT

CONTRACTING ACTIVITY: DEPARTMENT OF THE AIR FORCE, AIR EDUCATION

AND TRAINING COMMAND, AIR FORCE INSTALLATION CONTRACTING AGENCY,

47TH CONTRACTING FLIGHT, LAUGHLIN AFB TX 78843-5102

PROGRAM/PROJECT: PAVING INDEFINITE DELIVERY INDEFINITE QUANTITY

CONTRACT SIX MONTH EXTENSION

AUTHORITY: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(B)

ESTIMATED VALUE OF CONTRACT ACTION: $5.5M

TYPE J&A: INDIVIDUAL

COORDINATION DATE

CARLY A. REIMER, Capt, USAF

Engineering Flight Chief/(830) 298-5060/carly.reimer.1@us.af.mil

JUANITA VASQUEZ

Contracting Officer/(830) 298-5115/juanita.vasquez.2@us.af.mil

MICHAEL L. TOOMER, Major, USAF

Staff Judge Advocate/(830) 298-5172/michael.toomer.2@us.af.mil

APPROVED:

STEPHEN G. SMITH

Procuring Activity Competition Advocate/(210) 652-7075/stephen.smith@us.af.mil

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COORDINATION AND APPROVAL DOCUMENT

(also known as Justification Review Document)

Contracting Activity:

DEPARTMENT OF THE AIR FORCE, AIR EDUCATION AND TRAINING

COMMAND, 47TH CONTRACTING FLIGHT, LAUGHLIN AFB TX 78843-

Purchase Request/Local Identification Number: FA3099-10-D-0002

Project/Program Name (and Program Element, if applicable): Paving Indefinite Delivery/Indefinite

Quantity (IDIQ) Contract Six Month Extension

Estimated Contract Action Cost (including options): $5.5M Maximum

Type Program: Other Contracting (PEO Program or Other Contracting)

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(B)

Type J&A: Individual (Class or Individual)

Contracting Officer: Juanita Vasquez 47 CONF/LGCB

(All) (Name) (Office Symbol) Date Signed

DSN: 732-5115 COM: (830) 298-5115

Project Lead /

Program Manager: Capt. Carly A. Reimer 47 CES/CEN

(All) (Name) (Office Symbol) Date Signed

DSN: 732-5060 COM: (830) 298-5060

Local Legal

Reviewer: Major Michael L. Toomer 47 FTW/JA

(Name) (Office Symbol) Date Signed

DSN: 732-5172 COM: (830) 298-5172

Chief of the

Contracting Office: Major Timothy W. Lange 47 CONF/LGC

(<$650K) (Name) (Office Symbol) Date Signed

DSN: 732-5439 COM: (830) 298-5439

Competition

Advocate: Stephen G. Smith AFICA/KT

(> $650K) (Name) (Office Symbol) Date Signed

DSN: 487-7075 COM: (210) 652-7075

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

The responsible contracting agency is the Department of the Air Force, Air Education and

Training Command, 47th Contracting Flight, Laughlin AFB, TX, 78843. The organizational activity responsible for the proposed contracting action is 47th CES/CEN. The contract number for this proposed contract time extension is FA3099-10-D-0002.

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

The proposed action will be awarded by modification to an existing Paving Indefinite

Delivery/Indefinite Quantity (IDIQ) contract, FA3099-10-D-0002, awarded as firm-fixed-price, for a total period of 5 years; base year plus 4 option periods. This Justification and Approval

(J&A) is being issued to gain approval to modify the existing contract to continue services for paving at Laughlin AFB, TX for a period of six months (21 Jun 15 – 20 Dec 15). The contemplated modification is to incorporate FAR clause 52.217-8, Option to Extend Services into the existing Paving IDIQ contract for a time extension of no more than 6 months, through

20 Dec 15. The value of the proposed action is the approximate remaining contract maximum balance of $5.5M. This action is required in support of the Laughlin AFB construction program.

The contract pricing vehicle for this contract is the RS Means. We are currently under the 2015 annual edition of the Heavy Construction Cost Data Book. Extending this contract by six months would not require incorporation of an updated edition, as prices in the 2015 edition are valid through 30 Dec 15. The revised contract expiration date, if authority is granted to extend for a period of 6 months, would be 20 Dec 15.

This modification action may require the incorporation of a current wage determination.

However, pricing action as a result of this modification would not be required, as the pricing vehicle (RS Means Cost Data) is annually published. The latest annual edition (2015) cost data is multiplied by the factor agreed to in the basic contract, which will remain unchanged.

Under the authority of 10 U.S.C. 2304(c)(1), clause 52.217-8, Option to Extend Services will be added to the contract. Additionally, under same authority, contract clause 52.217-9, Option to

Extend the Term of the Contract will be modified to extend the not-to-exceed period from 60 months to a total of 66 months.

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

AGENCY’S NEEDS (See FAR 6.303-2(b)(3))

The contract provides construction services for base and airfield pavements on Laughlin AFB, the Spofford Auxiliary Airfield, and the South Winds Marina at Lake Amistad. The current contract expires 20 Jun 15, with a remaining contract maximum balance of approximately

$5.5M. All subsequent task orders will be funded using FY15 3400 appropriations.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION.

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, paragraph (a)(2)(iii)(B).

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF

THE AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY)

The incumbent has been Laughlin’s Paving IDIQ contractor for the past three contracts. Each contract was awarded for a total period of five years. However, the FY08 contract expired within two years due to the contract maximum amount being exhausted early. This required a new contract in FY10. Under the Paving IDIQ contract, the contractor provides all labor, material, equipment, tools, transportation, and supervision necessary for base and airfield pavements on Laughlin AFB, Spofford Auxiliary Airfield, and South Winds Marina at Lake

Amistad. Previous and current contracts were solicited under full and open competition procedures. However, the FY08 and FY10 solicitations required sole source procedures due to only one proposal received (FY08), or only one source meeting established evaluation criteria

(FY10). The current contract number is FA3099-10-D-0002 with an award date of 21 Jun 10.

The contract expiration date is 20 Jun 15.

The Government estimates the time required to complete a new contract (including time required to evaluate the proposals and may include determination of technical acceptability) coupled with the time to bring a new contractor up to full performance level would result in unacceptable delays in fulfilling the agency’s requirements. The incumbent contractor is the only source available with airfield pavement experience that historically responds to Laughlin’s solicitations and who has the experience and resources to immediately continue this service during the interim period without mission degradation. When paving requirements exist within larger construction projects, most general contractors will hire Recce Albert Inc, the incumbent, due to their technical expertise and availability for work in the local area. Reece Albert Inc. replaced the Laughlin runways within the past 10 years. These runways have not had any problems since the date of acceptance. On the contrary, the Spofford runway replacement completed in March

2014, performed by another paving contractor, is already experiencing various problems due to defective paving, necessitating extensive repairs and delays to the flying mission.

There are no other readily available contract vehicles for these services. Due to the procurement history of these services, 47 CONF believes that a short term award to any other source in lieu of incorporating the above stated clause for a six month extension would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force’s requirements. This requirement is to satisfy a bona fide need that exists in FY15 and will utilize FY15 funds. Additionally, the Air Force does not have the organic resources necessary to meet these mission requirements and must have continued services. Failure to obtain approval to extend the contract for a six month period would undoubtedly result in the loss of $4.5M in paving projects (11) identified in the FY 15

Decentralized FSRM IPL for Laughlin AFB. Some of these paving projects have been programmed since 2002, so the requirements are approximately 13 years overdue. An assessment of some of these areas clearly indicates the pavement has already failed.

http://www4.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00002304----000-.html

Accordingly, the incumbent is the only firm capable of providing the pavement services described in Section III above without the Air Force experiencing unacceptable delays in fulfilling its requirements.

This has become necessary as a result of a delay in preparation of the requirements package for the follow-on paving contract. A series of events culminated in the unexpected loss of manpower and expertise from both the requiring activity and the contracting activity affecting the award of a new contract. The current paving contract expires 20 Jun 15, as all option periods have been exercised. The original contract did not include the six month extension of services clause. A modification to incorporate the six month extension is necessary to meet Air Force mission requirements for repair of infrastructure until a follow-on competitive contract can be awarded. The General Requirements Document from the existing paving contract will be used as it is the most up-to-date document that reflects the Air Force (Laughlin AFB TX) required services needed as of 20 Jun 15.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

As stated in Section V above, procurement of these services in the past were made under full and open competition procedures. The replacement contract, expected to be solicited no later than mid-May 2015 will also be synopsized (IAW 5.201) and solicited as a full and open competition requirement using Low Price Technically Acceptable Source Selection procedures. Due to a planned maximum amount of $10M, business and contract clearances will be required. Award is expected to be made around mid-Nov 2015.

Synopsis of the proposed modification is not required as the extension would be based on the existing contract terms and conditions. Except for the six month extension, all terms were synopsized in sufficient detail to comply with FAR 5.207. The minimum and maximum amounts, contract pricing vehicle, and the contract coefficient will remain unchanged. A minimum guarantee will not be required for this option, as the minimum guarantee established for the life of the contract has already been met.

The proposed acquisition for establishment of the replacement contract will be synopsized as a full and open competition requirement, for a period of 15 days prior to issuance of solicitation, as mandated by FAR Part 5. On previous actions for the same type of service, sources sought synopsis was issued, along with a Dynamic Small Business search. The sources sought synopsis resulted in 9 firms expressing interest. The small business search resulted in 20 sources identified; only two from Texas. However, responses to the actual solicitations were as follows:

FY99 only 1 proposal received; FY03 only 2 proposals; FY08 only 1 proposal; and FY10 only 4 proposals, but only one met the evaluation criteria. We will continue to solicit for these requirements under full and open competition in an effort to obtain the best value for the taxpayer and meet mission requirements.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The current pricing vehicle for this contract is the 2015 edition of the RS Means Heavy

Construction Data. The same edition will apply to this six month extension. The contract coefficient and labor burden were deemed to be fair and reasonable based on a cost analysis, and

DCAA audit. The rates for the six month extension will remain the same. A certificate of Cost or Pricing Data was obtained upon conclusion of negotiations for award of the basic contract.

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 during the planning stages of the current contract. Twenty sources were identified; only two were from Texas. None of the sources responded to the solicitation. Based on this and previous solicitations for the same type of requirement, out of state sources typically do not respond to Laughlin solicitations. Under the current procurement, four offers were received; only one met evaluation criteria established. Another sources sought synopsis will be issued prior to issuance of the new solicitation for the follow-on contract, to help us determine the best acquisition strategy for the new long term IDIQ.

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

OPEN COMPETITION

As previously stated, failure to continue performance with the incumbent will undoubtedly result in the loss of $4.5M in infrastructure projects that have already received Fill/Kill authority for this FY.

The AETC Board FY15 Decentralized IPL (Atch 1) contains a total of 11 paving projects for

Laughlin AFB, with an approximate value of $4.5M. The AETC/A7OI Fill or Kill authority

(Atch 2) requires projects be ready to award by mid-June. Funding is usually provided after the ready-to-award cut-off date. As a result, it is expected that funding will be received after the current IDIQ Paving contract expiration date of 20 Jun 15. In order to properly support the mission and be fully postured to immediately award projects upon receipt of funds, Laughlin

AFB, 47 CONF requests authority to incorporate above cited FAR clause.

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

ACQUISITION

See Section VI above.

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

As indicated under Section VIII above, a sources sought synopsis will be conducted prior to issuance of the Request for Proposal. This will be in addition to the required FBO posting at least 15 days prior to solicitation release. As part of advanced planning, this requirement has also been posted in the Air Force Small Business Opportunities website as part of the Long

Range Acquisition Estimates (LRAE) . Projected requirements are posted 18 to 24 months in advance of current contract expiration.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(b)(12)).

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 6.303-2(c)).