JA_23C0019-P00004_Redacted.pdf

Control Number: CECT-NWO-25-02

(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: Work to procure and install the horizontal inside plant (ISP) cabling throughout the Joint Cryptological Center that was originally called out in the contract as being provided by the Government (NSA) and planned for completion after building turn-over.

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: Total amount to complete the work is $316,850.00. No additional options on this work are required.

Prepared by: Anna Kroll

Typed Name: _______Anna Kroll DSN: ____(720) 602-0450______

Title: __Project Engineer/Alternate COR__________Date:__01 November 2024_____

E-mail:____anna.kroll@usace.army.mil

Contracting Officer:

Typed Name: __Amanda Eaton____________DSN: ___(719) 396-0507_________

Date Reviewed: ____5 NOV 2024_____E-Mail: ____amanda.e.eaton@usace.army.mil_

Technical Representative:

Typed Name: ___Jacob Wiegmann_______________DSN: __(719) 396-0507_____

Title: ___Project Manager______________________Date: ______________________

Requirements Representative:

Typed Name: ___Jacob Wiegmann_______________DSN: __(719) 396-0507_____

Title: ___Project Manager______________________Date: ______________________

(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.

Program Manager

Legal Counsel

AUG 2022

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

1. Contracting Activity: The responsible contracting activity is the U.S. Army Corps of Engineers, Northwestern Division, Omaha District, Contracting Division (CENWO-CT), 1616 Capitol Avenue, NE 68102.

2. Description of Action: Approval is requested for a negotiated, firm-fixed price out-of-scope modification to contract W9128F23C0019, Joint Cryptological Center at Buckley SFB, CO awarded to Roundhouse-Tepa JV. The modification is to provide and install the horizontal cabling of the inside plant (ISP) for the building that was original planned to be provided by the Government (end-user) after turn-over of the building. The original contract was awarded using FY20 and FY22 Military Construction funds for the base contract and later FY24 Operation and Maintenance funds for Option 0006, FF&E and 0007, System Installation. The project is currently scheduled for completion in late April 2025 with a current contract value of $30,501,991.94. FY25 Operation and Maintenance Funds have been provided by the end user in the total amount of $316,850.00.

3. Description of Supplies/Services: The requirement is due to a user requested change to add the procurement and install the horizontal ISP cabling as contractor furnished/contractor installed (CFCI). The original base contract required government furnished/government installed (GFGI) ISP cabling. The work is similar in nature to other work in the contract, such as having to pull cable for the outside plant (OSP). The contractor, Roundhouse-Tepa JV will be able to do the entirety of the work with their current telecommunications subcontractor. The total value of the work is set at $316,850.00 with no options. This amount is about 1% of the current contract and 45 additional days will be added to the current contract as the work has necessitated a fair and reasonable time extension based upon the contractor’s provided TIA (time impact analysis) and negotiations with respect to concurrent delay from approval of Air Handler equipment (MILCON funded). These two issues were realized on the project simultaneously, with 45 days of non-complensable time to resolve concurrent (partial Gov caused) delays)..

4. Authority Cited: 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.

5. Reason for Authority Cited: The ISP horizontal cabling was originally stated as Government provided and installed, however, the backbone and pathways for the ISP were included in the original contract. The reason for Government furnished, Government installed horizontal ISP cabling was due to internal NSA staffing anticipating completing this portion of work. NSA staff is no longer able to complete this requirement internally. After award, on 6 March 2024, NSA informed the U.S. Corps of

AUG 2022

Engineers that it would like to change the horizontal ISP cabling from GFGI to CFCI to have the cabling in and ready at turn-over of the building instead of after.

The horizontal ISP cabling originally would be completed after turnover, which poses risk of damage to finished and installed work, such as conduit or cable trays that would be installed in walls or above ceiling. Space for work after close-in of the walls and ceiling is limited and any damage completed would be at the cost of the Government to fix. The inclusion of potential re-work for drywall and/or ceiling would be a duplicate of cost and effort needed by the Government. By completing the work with the current contractor the potential for duplicate costs and risk of delay are eliminated.

If the modification is not approved, NSA would have duplicate scope and services to acquire and execute a separate action to pull the horizontal ISP cabling. NSA would incur more time with separate action as the contract and work could not be started or completed until the current project is completed, turned-over, and granted beneficial occupancy. Any savings expected to be recovered through subsequent competition would be overshadowed and used to cover time and potential travel if subsequent contractor is from out-of-state. An analysis of the time/labor required to solicit a new contract action as opposed to executing a modification was conducted. The analysis shows that a modification results in a saving of approximately 22 contracting manhours with a monetary value of $4223.10 in government labor savings. The duplicate costs for planning, solicitating, award, mobilization of a new contractor and completion of work would amount to more than the current negotiated price of $316,850.00 in effort to and by the Government. The cost to the Government for re-competition alone is estimated to between $8,969 and $20,053, depending on acquisition method. The approved, redacted J&A will be posted in accordance with FAR 6.305.

6. Efforts to Obtain Competition:

a. Effective competition. Competition is not anticipated for this contract action. The

5.201 notice of intent to sole source this requirement was published to sam.gov on November 6, 2024. Electrical wiring installation services are commercial (reference 5.203(a)(1)).

b. Subcontracting competition. The competition for a telecommunications subcontractor to install the backbone of the ISP is noted in the base contract.

7. Actions to Increase Competition: There are no actions being taken for subsequent supplies and services. Use of sole source procedures for construction contracts is rarely used in Omaha District and they are only used when the circumstances justify its use.

8. Market Research: Market research has not be conducted for this contract action. A special notice was posted to sam.gov encouraging industry to provided capability statements, if they feel they are able to support the requirement.

AUG 2022

9. Interested Sources: To date Electricians On Call Corp has written expressing interest in this requirement. Their capability statement has limited information on it for evaluation on this specific project. It remains in the Government’s best interest to sole source this work to the current construction contractor.

10. Other Facts: Not Applicable.

AUG 2022

Approval

Based on the foregoing justification, I hereby approve the procurement of ISP horizontal cabling in the amount of $316,850.00 on an other than full and open competition basis pursuant to the authority of "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", subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.