JA for Other than Full and Open Competition.pdf

CUI//SP-SSEL

Control Number: 22-038

CUI//SP-SSEL

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

Justification Review Document For Sole Source - FAR Part 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Detailed Excavation Investigation in Potentially Cultural Resources Buried Area PA-003 at USAG Humphreys.

Authority: FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, 1 O USC 2304(c)(1)

Amount: $784,582.66 (One Time)

Prepared by:

Typed Name: _______ DSN: __________ __ Title: _____Contract Specialist________________ Date: 7 Apr 22______________ E-mail: .

Contracting Officer:

Typed Name: _ DSN: _______755-3388_________ Date Reviewed: ___7 Apr22______________ E-Mail:

Technical Representative:

Typed Name: DSN: ______ ____________ Title: Date Reviewed: __7 Apr 22____

Requirements Representative:

Typed Name: ____ _________ DSN: _ __________ Title:

Date Reviewed: __7 Apr 22_____________

Reviews:

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

Office of Counsel

Typed Name: DSN: _ ______ Signature: _________________________________ Date: ___27 APR 22__________

Command Advocate for Competition

Typed

CUI//SP-SSEL

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

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 411th Contracting Support Brigade, South Korea, ATTN: CCSB-KOH- HCD, Unit #15289 APO, AP 96271-5590

2. Description of Action:

a. PROJECT TITLE: Detailed Excavation Investigation in Potentially Cultural Resources Buried Area PA-003 at USAG Humphreys.

b. NATURE: () New Requirement (X) Follow-On Requirement () Mod to Existing purchase order/contract number

c. PRICING: (X) Firm-Fixed Price () Time & Material () cost

d. ESTIMATED AMOUNT:

e. FUNDS/FISCAL YEAR OF FUNDS: OMA/FY22

f. NAME OF PROPOSED CONTRACTOR: DONG MYUNG ENTERPRISE CO., LTD.

(PRIME CONTRACTOR), HANBAEK CULTURAL RESOURCES RESEARCH INSTITUTE

(SUB CONTRACTOR)

g. PERIOD OF PERFORMANCE (POP): Ten (10) Months from the Contract Award Date

Eighth (8th) Army, G8 requests a firm-fixed-price, one-time contract with Dongmyung Enterprise Co., Ltd. (131, Dogok-ro,, Gangnam-gu, Seoul) which is a prime contractor and Hanbaek Cultural Resources Research Institute which is a sub-contractor.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Contractor shall provide an archeological detailed excavation investigation as defined in the Republic of Korea (ROK) Act on Protection and Inspection of Buried Cultural Heritage, Article 24 for a 5,318 m2 area inside footprint of Project AV170 (aircraft parking apron). The investigation site is within the Republic of Korea-recognized potential cultural resources buried area PA-003 that requires investigation, preservation countermeasures for remains discovered, and preparation of a final report detailing results of detailed excavation investigation with records maintenance and preservation of findings before any construction works such as alteration of land shape and quality can begin. A detailed excavation investigation and associated requirements are defined in the Republic of Korea (ROK) Act on Protection and Inspection of Buried Cultural Heritage, Article 24.

4. AUTHORITY CITED: 41 United States Code 1901 as implemented in Federal Acquisition Regulation13.501(a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Services can only be provided from the original source, as this is a follow-on requirement for the continued provision of highly specialized services. Award to any other source would result in substantial duplication of cost to the government that is not expected to be recovered through competition.

CUI//SP-SSEL

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

USACE Far East District (FED) Task Order No.: W912UM20F0137 for Contract No.

W912UM18D0005, performed the trial trenching survey at potentially cultural resources buried area PA-003 in Camp Humphreys. The Contractor was required to possess current and valid Registration Certificate of Buried Cultural Heritage Surveyor ( ) in accordance with Republic of Korea (ROK) Act on Protection and Inspection of Buried Cultural Heritage, Article 24 and demonstrate a minimum of two (2) archeological projects of prior experience completed within the last three (3) years.

The FED solicited and Dongmyung Enterprise CO., LTD. won the contract and hired subcontractor Hanbaek Cultural Resources Research Institute to perform the trial trenching survey. The trial trenching survey was conducted 19 April to 17 May 2021 with final report published June 2021. The trial trenching survey identified two archeological features and ten relics causing the ROK Cultural Heritage Administration (CHA), as the Korean Component of SOFA Cultural Properties Protection Subcommittee, to formally request a detailed excavation investigation and preservation countermeasures for remains prior to beginning any AV170 project construction work.

The investigation site is within the Republic of Korea-recognized potential cultural resources buried area PA-003 that requires investigation, preservation countermeasures for remains discovered, and preparation of a final report detailing results of detailed excavation investigation with records maintenance and preservation of findings before any construction works such as alteration of land shape and quality can begin.

The contract timeline can be reduced since the contractor performed the trial trenching survey already, so they are familiar with the site, coordination requirements between USAG Humphreys and the ROK CHA, survey work plan requirements, and report preparation requirements in both Hangul and English. This would enable completion of the contract and release of the site for AV170 construction successfully. In addition, a duplication in cost is expected for another contractor to conduct site history research, locate the exact areas for continuation of excavation and any archaeological discovery, and acquire a firm capable of performing the work in accordance with required certification and registration.

The expected duplication time will be a total of 3 months; 15 days for investigation of stratum where the relics are buried, 7 days for natural geography and historical environmental survey, 7 days for Identification of underground burial utility facilities, 20 days for coordination of report translation, 10 days for identification of necessary documents and preparation of contractors’ base access, and 1 month for getting approval from the ROK CHA. The estimated duplication of costs is expected to be and for these reasons, ROK CHA prefers the follow-on investigation contract be awarded to the same company. In addition, the Government has accepted ROK CHA’s request for completion of the detailed excavation investigation prior to any construction works to avoid serious negative impact on US-ROK relations and meet the construction timeline on time.

As of February 2022, a review of USACE Far East District’s project line item AV170 has a notice to proceed with construction timeline of October 2022. AV170 is the center of gravity for southern airfield projects that are part of the entire Desiderio Airfield Development Plan. Any delay on AV170 will have an effect on multiple airfield construction projects at USAG Humphreys.

CUI//SP-SSEL

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

6. EFFORTS TO OBTAIN COMPETITION: This type of specialized and technical work requires particular certification and registration to perform detailed excavation investigations in accordance with Republic of Korea Acts and regulations and there are simply not enough requests for this type of work by the U.S. Government to motivate a firm registered with the ROK CHA for this type of work or to maintain the ability to speak and prepare reports in English in order to specialize in this type of work on USFK installations.

As mentioned previously, the trial trenching survey for PA-003 was solicited and the Contractor selected for award is the same that this sole source request is submitted for. Based on facts described in paragraph 5. above, the Government does not envision any changes which would impact on the sole source nature of this acquisition because the service can only be provided from the original source as this is a follow-on requirement for the continued provision of highly specialized services. Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

7. ACTIONS TO INCREASE COMPETITION: N/A. This is a one-time contract for a particular action that does not have follow-on requirements so there is not an opportunity to increase competition in the future.

8. MARKET RESEARCH: Market research was conducted thru SAM and internet by the Requiring Activity, the agency is not aware of any responsible source other than Dongmyung Enterprise Co., Ltd. which is a prime contractor and Hanbaek Cultural Resources Research Institute which is a sub-contractor. The authority cited in and FAR Part 6.302-1 (a) (2) (iii) (A) &

(B) - Only one responsible source and no other supplies or services will satisfy agency requirements.

9. INTERESTED SOURCES: Posting of a notice is not required per FAR 5.202(a)(12) since this proposed contract action is by a Defense agency and the proposed contract action will be awarded and performed outside of United States and its outlying areas, and only local sources will be solicited. No other firms expressed interests other than those two firms stated above in paragraph 8.

10. OTHER FACTS:

a. Procurement history.

(1) There were three surveys conducted at USAG Humphreys. The first contract for trial trenching survey was ROK MND Contract No. 2015UMM1412, C4I050, CY15 Republic of Korea Funded Construction (ROKFC). The survey was completed in potential cultural resources buried area PA-004 in February 2016. Similar project A14R400, Military Intelligence Field Station project, had a follow-on detailed investigation requirement after the first trial trenching survey.

After completion of these two projects, ROK CHA requested that additional investigation is needed for 6 ruins in an area approximately 705m2 of the total area of 24,535m2 initially investigated. Both the trial trenching survey, and follow-on detailed excavation investigation were conducted as part of the overall construction project and not as a separate solicitation.

(2) The second trial trenching survey was completed by FED contract with Contract No.

W912UM18D0001, Task Order no. W912UM19F0072 in potential cultural resources buried area PA-004 for Project A16R950, Black Hat, which was competed full and open competition.

CUI//SP-SSEL

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

(3) Contract No. W912UM18D0005, Task Order No. W912UM20F0137 was the last trial trenching survey in potentially cultural resources buried area PA-003, USAG Humphreys which was also competed against the FED vendor lists.

(4) Full and Open competition is not being sought for this requirement to prevent duplication of cost and unacceptable delays in fulfilling agency requirement and since the two previous FED Task Orders were competed and awarded full and open competition.

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: Title:

12. REQUIREMENTS CERFIFICATION:

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: __ Title:

13. FAIR AND REASONABLE COST DETERMINATION:

The IGE has been prepared by using Korea CHA survey fee calculation program for buried cultural heritage which supports price reasonableness. The Government will conduct negotiations supported by cost/price analysis and the IGE.

I hererby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Certified cost or price data is not required when the Contracting Officer determines that prices agreed upon are based on prices set by law or regulation.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Signature: _ ____________Date: ________________________ Typed Name: _______ Title: Contracting Officer__________

14. CONTRACTING OFFICER CERTIFICATION:

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

Signature: _ ___________Date: ________________________

Typed Name: ______ Title: Contracting Officer _________

J 64

Date: 2022.05.30 15:08:08 +09'00'

1043856754 Digitally signed by F Date: 2022.05.30 15:25:46 +09'00'

F .1043856754 Digitally signed by F Date: 2022.05.30 15:26:23 +09'00'

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

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of a Detailed Excavation Investigation in Potentially Cultural Resources Buried Area PA-003 at USAG Humphreys, estimated at $784,582.66 on other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ____________________________ ______________________

Typed Name: __________ Title: cate

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