JA_FAR_Part_6_FA8903-13-C-0005_Mod_15__20180815_Final_Coord_signed.pdf

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

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 772 ESS/PKB

Purchase Request / Local ID Number: F2MUAA8221B004 and F2MUAAA8221B005

Program / Project (and PE, if applicable): Service and Miantenance for AFCEC Wind Turbines at Joint Base Cape Cod, MA

Program Type (PEO or Other Contracting): Other Contracting

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $52,073.00 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

15 Aug 2018

Project Lead / Program Mgr / Requiring Activity

ROSE H. FORBES

AFCEC/CZO / 508-968--4670 x5613

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

15 Aug 2018

Contracting Officer

ADALBERTO M. RAMIREZ

772 ESS/PKB / 210-395-8676

Signature

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

I. Contracting Activity.

772 ESS/PKB

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

Modification to Firm Fixed-Price contract FA8903-13-C-0005. The modification will increase the Period of Performance by six (6) months upon issue of the modification per FAR 52.217-8 Option to Extend Services

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

Provide labor, materials and equipment to maintain two GE 1.5 megawatt wind turbines. To include service and maintenance events, annual blade inspections, 24/7 remote monitoring/repair/notification and off-cycle troubleshooting visits. Use diagnostic tools and fault handling procedures to respond to wind turbine fault notices. The estimated value of this extension is $52,073.00. The funding for this effort will include O&M ARMY and AF ERA funds. The current contract Period of Performance (PoP) ends14 September 2018 and the anticipated modification award date is 27 August 2018 for a projected PoP through 26 February 2019.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304 (c) (1), as implemented by FAR 6.302-1(a)(2)(iii)(B) "Unacceptable delays in fulfilling the agency's requirements" and required by FAR 6.303-2(b)(4). The order will be issued to prevent a break in continued provision of specialized services in order to allow time to establish a competitive effort to satisfy consolidated long term requirements.

Therefore, this acquisition is for continued performance of a highly specialized service.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Subsection 1: GE International is uniquely qualified for this requirement based on their knowledge of the wind turbines' design, features, operation, and spare parts, as well as their comprehensive understanding of the intricacies of properly maintaining the GE wind turbines. GE's remote monitoring software and provisions of services includes the use of highly specialized diagnostic tools and fault handling procedures. Based upon market research detailed in section VIII, no other contractor can provide fault handling procedures without a minimum of six weeks or longer of "reverse engineering" time with the fault reporting system in order to establish a procedure for addressing faults. Without these tools and procedures, the wind turbines cannot be monitored, maintained or repaired. GE has successfully provided these highly specialized services required for the continued provision of service and maintenance for the wind turbines, which is essential in meeting the Air Force need. GE International is providing service under contract FA8903-13-C-0005, which was awarded on 17 July 2013 as a sole source acquisition. This contract expires 14 September 2018. Therefore, this acquisition is for continued performance of a highly specialized commercial service.

Subsection 2: Award to any other source would result in unacceptable delays in fulfilling the Air Force requirements. This is a modification to extend the current period of performance to allow for additional time to competitively solicit a long term contract vehicle. A delay in awarding follow-on contract was caused by results of the Market Research detailed in section VIII. The impact of not extending contract and adding the required O&M services may cause wind turbines to fail, thus not producing electricity. The wind turbines offset the energy used by the Installation Restoration Program 9 pump and treatment systems. These turbines save the taxpayer approximately $500K per turbine per year. If the wind turbines do not operate, then the Air Force will need to request Air Force and Army funds to pay for the utility bills.

Subsection 3: Accordingly, GE International, is the only firm capable of providing the specialized services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

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VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Market research was conducted by posting the requirement on FedBizOps on 23 March 2018. The posting included a Request for Information (RFI) describing the requirements of service and maintenance events, 24/7 remote monitoring/ repair/notification and off-cycle troubleshooting visits along with a questionnaire. We received phone and email inquiries from 7 vendors from the the wind energy industry; however, only 2 interested parties responded by 20 June 2018 by completing questionnaire. This survey of the market place confirms our assumptions regarding the capability of industry by indicating that only one responsible source can meet the AF needs. For additional details, see information in section VIII below.

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

Utilizing historical pricing data on similar contracts will assist in determining the anticipated cost to be fair and reasonable.

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

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. The results of market research supported a finding that there are two identified interested parties: One small business and one large business that could perform the requirement with a limitation as to their capability. The interested parties requested a ramp-up period for development of fault handling procedures of the wind turbines. Even though more than one vendor can satisfy the basic requirements with sufficient ramp-up time, the results of the market research indicated no vendor other than GE is currently capable of providing service for GE wind turbines.

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

The results of market research revealed more than one interested capable vendor moving the current sole source requirement into a competitive environment. A competitive acquisition is underway to put a long-term contract vehicle in place. However, the acquisition for a consolidated competitive follow-on for one (1) Fuhrlander and four (4) GE turbines requires additional time due to need to establish competitive of source selection procedures, as well as to incorporate feedback received from the interested vendors as a result of market research. Therefore, to provide sufficient time to put a competitive long-term follow-on effort in place, a sole-source contract to GE is required to provide these highly specialized essential services. No other factors apply.

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

Two sources, one small business and one large business, expressed an interest in writing. See section VIII 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.

A follow-on competitive acquisition is planned. Based on market research findings, a revised acquisition package will be accomplished incorporating requirement revisions identified in the market research phase. Additionally, allowing sufficient time for a competitive source selection will move the current sole source requirement to a competitive environment by allowing vendors time to ramp up and create the essential fault handling procedures necessary to perform

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FOR OFFICIAL USE ONLY

before the anticipated need date in February 2019.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. 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.