J A _Fair_Opportunity_UST_AST.pdf

PROCUREMENT SENSITIVE INFORMATION

Justification and Approval for

Exception to Fair Opportunity Process

MATOC W9128F-16-D-0026-0032, 0058

Under Unrestricted Design Build POL Support Multiple Award Task Order Contract (MATOC)

UST/AST, Shriever and Peterson AFBs, Colorado

The justification for an exception to fair opportunity is in accordance with FAR 16.505(b)(2)(ii)(B), Orders exceeding the simplified acquisition threshold. The basis for the exception to the fair opportunity process for proposed Request for Proposal for the UST/AST, Shriever and Peterson AFBs, Colorado, is to place an order to satisfy the minimum guarantee, FAR 16.505(b)(2)(i)(D) .

Basis for Exception

a. The U. S. Army Corps of Engineers proposes to acquire construction services under contract W9128F-16-D-0026, Indefinite Delivery/Indefinite Quantity, Multiple Award Task Order Contract (MATOC) for UST/AST, Shriever and Peterson AFBs, Colorado.

b. The nature of the required tasks is for the Repair/Removal/Replacement of various Underground Storage Tanks (USTs) and Aboveground Storage Tanks (ASTs) that shall be performed in support of the Defense Environmental Compliance Program at Peterson Air Force Base (AFB) and Schriever AFB, Colorado.

c. This project is in direct support of the 21th Space Wing (SW) at Peterson AFB and the

50th SW at Schriever AFB in achieving environmental compliance with 40 Code of Federal Regulation (CFR) 280 and 281 (Underground Storage Tank Regulations) and State of Colorado in 7 Code of Colorado Regulations (CCR) 1101-14. All ASTs installed must meet the Steel Tank Institute Standard (STI) for Aboveground Storage Tanks (ASTs), STI SP001. Major activities at Peterson include providing compliance upgrades for three (3) 10,000 gallon USTs and associated piping systems at Building 1700; removal, disposal, and closure of one (1) 2,500 gallon UST and one (1) 1,000 gallon UST and all associated piping systems at Building 503 and replacing with a 2,500 gallon AST and all required piping systems; and the removal, disposal, and closure of one

(1) 6,000 gallon UST at Building 103 and all associated piping systems; and the replacement with one (1) 6,000 gallon AST and all required piping systems at Building 133/140. Major activities at Schriever AFB include removal, disposal, and closure of one

(1) 20,000 gallon UST at Building 700 and all associated piping systems; and replacement with one (1) 20,000 gallon AST and all required piping systems. The total estimated value of this acquisition is $650,000.

d. The basis of the exception is to place an order to satisfy the minimum guarantee for the base period on Contract W9128F-16-D-0026 in accordance with FAR 16.505(b)(2)(i)(D).

The basic contract provides a guaranteed minimum award to each pool member. To ensure the Government receives benefit from the minimum guarantee, this requirement has been selected to meet the minimum guarantee of one of the small business awardees.

PROCUREMENT SENSITIVE INFORMATION

e. The Government will perform a price analysis on the proposal. Based on the analysis the

Government may enter into negotiations to resolve any issues. Based on this process, the contracting officer has determined that the anticipated cost to the Government will be fair and reasonable.

f. Other facts supporting the justification: The ordering procedures of the MATOC require acquisitions valued under $1,500,000.00 to be set-aside for the small businesses. The Government selected a firm from the small business pool for the exception to fair opportunity.

g. The agency will provide fair opportunity on future acquisitions that will allow the minimum guarantee to be satisfied by multiple members of the MATOC pool. The Government anticipates only a limited number of future requirements that may require an exception to fair opportunity.

h. The contracting officer certifies that the justification is accurate and complete to the best of his knowledge and belief.

i. The technical personnel have provided supporting data to form a basis for the justification and are certified as complete and accurate by the technical personnel.

Approval

Based upon the above justification and as authorized by Federal Acquisition Regulation 16.505(b)(2)(i)(D), I have determined that the exception to fair opportunity for the specified work for the award of the task order resulting from Request for Proposal, UST/AST, Shriever and Peterson AFBs, Colorado, is appropriate and is in the best interests of the Government. I, therefore, approve the exception to the fair opportunity process for purposes of task order award.

PREPARED BY:

_________________________________ ____25 SEPTEMBER 2016_____

Lisa A. Sirois (Date) Contract Specialist

APPROVED BY:

25 September 2016 Jeffrey W. Wyant (Date) Contracting Officer