FAR-Part 6 Sole-Source-JA_Redacted.pdf

Control No: MICC-2020-0004 Contractor:

Program/Equipment: Services power line burial

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: The U.S. Army Mission and Installation Contracting Command Center – Fort Bragg (MICC Center - FB), Fort Bragg, North Carolina (NC).

2. Description of Action: This is a sole source contract action in support of the Directorate of Public Works (DPW). MICC Center - FB as the contracting activity is issuing a Firm-Fixed Price (FFP) contract with

The Government projects to award the contract on or about 24 July 2020 utilizing Operations and Maintenance, Army funds for fiscal year 2020.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The Directorate of Public Works (DPW) has a requirement for power line burial services for Special Forces Way from US Hwy 1 to the

Camp Mackall substation. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to construct underground power lines as defined in the scope of work (SOW), except for those items specified as government furnished property and services. The contractor shall convert the Overhead (OH) primary to an

Underground (UG) single circuit providing regulated electrical service along Special

Forces Way to Camp Mackall. The existing OH primary on Special Forces Way beginning at pole # 15EE04 will proceed to a newly installed dip pole in the vicinity of pole # 7228W. proposes to provide underground three phase 1/0 primary conductor via total bore along Special Forces Way approximately 3500 ft until terminating at a newly installed reverse primary dip pole in the vicinity of pole # 14XB16. The project is expected to take 365 days from award date.

4. Authority Cited: 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.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

As defined in FAR Subpart 41.101 Definitions, Utility Services means a service such as furnishing electricity, natural or manufactured gas, water, sewerage, thermal energy, chilled water, steam, hot water, or high temperature hot water. The application of part 41 to other services (e.g., rubbish removal, snow removal) may be appropriate when the acquisition is not subject to the 41 U.S.C. chapter 67, Service Contract Labor Standards.

FAR Subpart 41.202 Procedures states in part that prior to executing a utility service contract, the contracting officer shall comply with Parts 6 and 7 and Subsections 41.201(d) and (e). FAR subpart 6.3 – Other Than Full and Open Competition, 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements paragraph (b)(3) states when acquiring utility services, circumstances may dictate that only one supplier can furnish the service; or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. IAW FAR Subpart 41.202(b), the contracting officer shall consider (1) GSA area wide contracts, (2) Separate contracts, and (3) Interagency agreements. Although GSA indicates an area wide contract for a fee is associated with GSA. IMCOM has not pursued any type of interagency agreements with . As a result, the government will proceed with the burial of the owned utility/powerlines via separate contract as is the proprietary owner of the powerlines. FAR Subpart 41.201 states in part it is the policy of the Federal Government that agencies obtain required utility services form sources of supply which are most advantageous to the Government in terms of economy, efficiency, reliability, or service.

Impact: The service could mitigate or minimize hazard travel conditions caused by area flooding or down powerlines on the roadway during extreme weather events. Converting the overhead line to underground would make the electrical line more resilient and safer for travel.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 by publishing the Notice of Intent to Award on a Sole Source Basis.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: It has been determined that there are no subcontracting possibilities. The determination will be placed in the file once approved.

7. Actions to Increase Competition: The Government conducted market research on 27 June 2020 on the subject requirement under the North American Industrial Classification System (NAICS) code 237130 – Cable laying (e.g., cable television, electricity, marine, telephone), including underground. At this time, there is no reasonable expectation that other maintenance service providers will be able to due to owning the powerline system.

8. Market Research: The extent of market research conducted was based on the following 237130:

a) Commerciality Determination: The services associated with this requirement are customarily available in the commercial marketplace without modifications. The needs are not military unique. Commercial sources are available. State municipality’s conduct this type of requirement base on established market price for specific tasks and under standard commercial terms and conditions, these services fit the definition of “commercial item” per paragraph (6) of the definition in FAR part 2.101.

b) Pre-solicitation Conferences: Email correspondence have been continuously held since May 2020 between staff from the DPW and MICC Center-FB in order to discuss the one time requirement.

c) Review of recent market research results for similar or identical services. The research was conducted In Accordance With (IAW) FAR part 10. The market research conducted on 27 June 2020, on subject requirement under the North American Industrial Classification System (NAICS) code 237130, and the results of this research revealed no contracts suitable for this requirement.

d) North American Industry Classification System (NAICS) Code Selection: In accordance with IAW FAR Part 10, market research was conducted and this requirement is classified under the North American Industry Classification System (NAICS) code 237130 – “Cable laying (e.g., cable television, electricity, marine, telephone), including underground” with a size standard of $39.5M and is defined as: “This industry comprises establishments primarily engaged in operating Construction management, power and communication transmission line

e) Conclusion. Market research clearly established that the Government’s proposed contract will ensure proper [powerline maintenance service located at Special Forces Way from US Hwy 1 to the Camp Mackall substation. Therefore; based on the information above, only one supplier can furnish the service given the existing circumstance.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought notice was posted to beta.sam.gov on 7 July 2020 for 7 days and resulted in zero responses.

9. Interested Sources: The Government issued a sole source notice on 7 July 2020 with a closing date of 15 July 2020. No interested sources provided a response.

Notice. In accordance with FAR Subpart 6.305(a), the justification shall be made public within fourteen (14) days after contract award.

10. Other Facts: Procurement History N/A