J_A.pdf

(Source Selection information - See FAR 2.101 and 3.104-4)

1 AUG 2022

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Identify services or supplies to be procured.

Authority: 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition".

Amount: $275,400

Prepared by:

Typed Name: Lt Col Adam Sanders DSN: 358-9403

Title: Base Civil Engineer Date: 30 January 2024

E-mail:adam.sanders.1@us.af.mil

Contracting Officer:

Typed Name: Stephen Shanks DSN: 358-9529

Date Reviewed: 30 January 2024 E-Mail: stephen.shanks.1@us.af.mil

Technical Representative:

Typed Name: Lt Col Adam Sanders DSN: 358-9403

Title: Base Civil Engineer Date: 30 January 2024

Control Number:

(Source Selection Information - See FAR 2.101 and 3.104-4)

AUG 2022

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: ________________________________DSN: ______________________

Signature: _________________________________ Date: _______________________

Chief of Contracting Office

Typed Name: William C. Kast DSN: ______________________

Signature: _________________________________ Date: ______________________

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

1. Contracting Activity: 187th FW/MSC (W50S6N)

2. Description of Action: Sole Source modification for a projected deemed out of scope of the original award. Action shall be a firm-fixe-price modification to an ongoing military construction project.

3. Description of Supplies/Services: Action is for an out-of-scope modification of the current construction project on building 1303, Squadron Operations Building. Work shall include but will not be limited to any or all the following: Site work, installation of new concrete paving (on south side of building), installation of additional interior and exterior electrical services, installation of additional interior and exterior communications infrastructure and installation of security fencing and wall.

4. Authority Cited: 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii) (B) Unacceptable delays in fulfilling agency’s requirements.

5. Reason for Authority Cited:

a. There currently an on-going construction contract on Building 1303 (W50S6N-23- C-0003) and the modification will be a follow-on to that project. The scope of which includes site-work, concrete work, electrical, communications and fencing, all of which are included in the scope of work of the modification. On the surface this modification meets the definition of FAR Clause 52.243-5 Changes which allows for changes within the general scope of the project. However, as describe in the NGB Construction Contracting Guide 2023, this requirement does not meet Scope of the Contract Test or the Scope of the Competition Test. This requirement was not known, to either the Base Civil Engineer or the Contracting Officer, until after contract award that the building needed to house an air portable structure to house the F-35 ALIC computer system.

b. 10 United States Code 3204(a)(1) as implemented in Federal Acquisition

Regulation 6.302-1(a)(2)(iii) (B) Unacceptable delays in fulfilling agency’s requirements are cited due to the nature of the on-going project. The project is the renovation of the entire ground floor, plus adding a two-story addition to the north side of the building which includes relocation of utilities. The project job site is surrounded by three military construction projects, Simulator, Supply and AMU and the active flightline to the immediate south. The incumbent contractor has already engaged all trades required to complete this modification, and due to the site location controls the only access to the site, through their active work area. A new contractor would have to coordinate all aspects of the work, interior and exterior, and would most likely incur additional cost and delays for both contractors. Additionally, awarding to a separate contract would open the Government to contractor claim for creating the delays. Most importantly is the completion of the entire project on schedule which is critical to the housing of the F-35 and associated equipment and overall mission of the 187FW.

6. Efforts to Obtain Competition: Not applicable

7. Actions to Increase Competition: The original contract was solicited competitively as a Small Business set-aside, utilizing FAR Part 14 procedures. All construction projects for the 187FW are solicited competitively.

8. Market Research: Market research was performed for the original contract but not for this modification.

9. Interested Sources: A notice of intent shall be posted to SAM.gov giving all interested parties an opportunity to comment.

10. Other Facts:

a. Procurement history.

(1) Original contract: W50S6N-23-C-0003, awarded 3 August 2023

(2) Small Business Set-aside, utilizing FAR Part 14

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: _______________________

Typed Name: Adam Sanders Title: Base Civil Engineer

12. Requirements Certification: N/A

13. Fair and Reasonable Price Determination: A Fair and Reasonable Price determination shall be made at the time of proposal analysis. A POM, PNM or Combined POM/PNM shall be drafted as appropriate and reviewed/approved at the required level.

AUG 2022

Signature: ________________________________Date: ______________________

Typed Name: Stephen Shanks Title: Contracting Officer

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: _______________________

Typed Name: Stephen Shanks Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of additional construction services being procured at an estimated amount of $275,400 on an other than full and open competition basis pursuant to the authority of10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii) (B) Unacceptable delays in fulfilling agency’s requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Signature: _____________________________ Date: __________________________

Typed Name: William C. Kast Title: Chief of Contracting Office, USPFO-AL