JA_CECT-NWO-24-03_SOCNORTH_FINAL_Redacted1.pdf

JUSTIFICATION REVIEW DOCUMENT

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: CONTROL NO: CECT-NWO-24-03

Modification of the SOCNORTH Theater Operational Support Facility, Peterson SFB, Colorado

AUTHORITY: 10 U.S.C. 3204 (a)(1)as implemented by FAR 6.302-1, Only One Responsible Source an no other Supplies or Services will Satisfy Agency Requirements

AMOUNT:

PREPARED BY:

NAME: Scott Dwyer

PHONE: 402-995-2584

DATE: 04 JAN 2024

CONTRACTING OFFICER

NAME: Shawn A Adkins

PHONE: 402-995-2078

DATE: 08 JAN 2024

TECHNICAL

NAME: Jake Wiegmann

PHONE: 719-396-0507

DATE: 29 JAN 2024

REQUIREMENTS

NAME: Jake Wiegmann

PHONE: 719-396-0507

DATE: 29 JAN 2024

Control No. CECT-NWO-24-03

CUI

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION – FAR PART 6

1. CONTRACTING AGENCY: The responsible contracting agency is the U.S. Army Corps of

Engineers, Northwestern Division, Omaha District, Contracting Division (CENWO-CT), 1616 Capitol Avenue, Omaha, NE 68102.

2. DESCRIPTION OF ACTION: US Army Corps of Engineers – Omaha District (CENWO) request approval for an out-of-scope modification to Contract W9128F21C0019 awarded to J. E. Dunn Construction Company. The estimated cost of the out-of-scope modification is

3. DESCRIPTION OF SERVICES:

a. The requirement is due to a user requested change in the drawings to A101-A & A102A.

b. The change to A101-A will provide an additional workstation in Training Room 124.

c. The change to A-102-A is to provide additional secure area oversight in Room #244 for

20 additional days of oversight in Room #244.

4. AUTHORITY CITED: 10 U.S.C. 3204(c)(1) as implemented by FAR 6.302-1, gives DoD the authority to set aside requirements when there is only one responsible source, and no other supplies or services will satisfy agency requirements. 10 U.S.C. 3204(d)(1)(b), as implemented by FAR 6.302-1(a)(2)(iii)(A) states: Substantial duplication of cost to the Government that is not expected to be recovered through competition and FAR 6.302- 1(a)(2)(iii)(B) Unacceptable delays in fulfilling the agency’s requirements.

5. REASON FOR AUTHORITY CITED: This J&A is based upon FAR 6.302-1(a)(2)(iii)(A) and

FAR 6.302-1(a)(2)(iii)(B) and is necessary for this requirement based on the following rationale:

To eliminate duplicative costs and the risk of delays, it is in the best interest of the Government to invoke the authority in FAR 6.302-1(a)(2)(iii) to modify the current contract to include the additional scope. Under the current contract J.E. Dunn Construction Company has been contracted to construct the SOCNORTH Theater Operation Support Facility. Construction of the building is underway and minimal effort would be required to add the scope to the construction contract. In addition, the Contractor and associate subcontractors will be at the Installation to conduct the scope additions, so additional mobilization costs would not be incurred.

Substantial Duplication of Costs:

The Government estimates that this work will amount to approximately worth of effort to the current contractor. The cost to prepare a solicitation, evaluation, and award of the changes in scope would easily amount to more than worth of effort to the Government.

Unacceptable Delays in Fulfilling Agency’s Requirements:

In addition to reducing duplicative costs to the Government, this modification would reduce potential for delays/contractor issues in completing the overall construction of the building. If the modification were not awarded, the building would not be able to be complete until the scope changes could be solicited and procured. The current contractor has performed efficiently and effectively thus far and can easily incorporate to the new scope with little to no effect on the completion date. Due to the timing of this request, it is in the best interest of the Government o modify the current contract to have J. E. Dunn Construction Company incorporate the additional scope.

6. EFFORTS TO OBTAIN COMPETITION: Of the firms original solicited, all firms submitted proposals for the contract. J. E. Dunn Construction Company was selected based on the Best-Value Analysis Method with the selection decision based on the best overall value to the Government, with consideration given to both technical (non-cost/price) and cost/price.

7. ACTIONS TO INCREASE COMPETITION: Market research will be revised on future requirements to identify all potential sources in relation to the specific requirement at that time.

8. MARKET RESEARCH: Based on readily available historical information because of market research conducted within the Omaha District, there are several firms that may be able to fulfill the requirement simply based on the scope of work and technical requirements. Several factors make this infeasible and wasteful for the Government, including duplication of costs, challenging schedule coordination to minimize interference with ongoing military construction, establishing a high-functioning project team, and a disruption of knowledge associated with the existing Contractor’s experience with the Installation.

The additional costs that would be incurred to bring in a new Contractor would far outweigh any benefits/costs savings realized by soliciting this requirement rather than incorporation by modification.

9. INTERESTED SOURCES: To date no sources have written to express an interest. Any notices required by FAR 5.201 shall be published. Bids or proposals received shall be considered. Exception to policy is FAR5.202(a)(11) since this is made under the terms of an existing contract that was previously synopsized with respect to the current proposed contract action.

10. OTHER FACTS: The approved, redacted J&A will be posted in accordance with FAR 6.305.

11. LEGAL REVIEW:

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

NAME: DATE:

TITLE: District Counsel SIGNATURE:

12. 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.

TITLE: Project Manager SIGNATURE:

13. REQUIREMENTS 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.

TITLE: Project Manager SIGNATURE:

14. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on comparison to the Government Estimate, initial pricing in a competitive environment, and judgement of the professional staff on site.

TITLE: Contracting Officer SIGNATURE:

15. CONTRACTING OFFICER CERTIFICATION:

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

TITLE: Contracting Officer SIGNATURE

APPROVAL

Based on the foregoing justification, I hereby approve the out-of-scope modification to contract W9128F21C0019. This modification will address additional workstation and security oversight at the SOCNORTH construction on an other than full and open competition basis pursuant to authority of 10 U.S.C 3204(a)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, and provided the services herein described have other wise been authorized for acquisition.

NAME: Shawn A. Adkins DATE:

TITLE: Contracting Officer SIGNATURE: