JA Gas Take Station OM - 1 Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2020 FOR OFFICIAL USE ONLY Page 3 of 5

IV. Statutory authority permitting other than full and open competition.

The statutory authority for permitting other than full and open competition for the scope of work defined in Section III above is 10 USC 2304(c)(l), as implemented by FAR 6.302- 1(a)(2), which states that when the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

FAR 6.302-1(a)(2)(iii) further goes on to state that services may be deemed to be available only from the original source in the case of a follow-on contract for the continued provision of highly specialized services when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304 (d) (1)(B)).

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

In July 2020, the Air Force released a solicitation for an O&M contract. Civil Engineering's (CE) market research identified that there are approximately 4 companies in the New England area that could provide the requested services. In the end, only one firm submitted a proposal that was deemed to be non-responsive since they took exception to a critical contract requirement. Re-solicitation would result in a significant unacceptable project delay to two existing Government contracts unless the agency is permitted to limit the number of sources to only TriMont Engineering. Trimont Engineering has demonstrated experience in the O&M of high pressure gas systems, currently has operations in the State of Massachusetts, and has experience in working on Air Force bases.

The connection of the base distribution system to the newly construct gas line is too risky to complete come October 2020. Not only do we risk significant property damage, but in this COVID environment personnel living in base housing currently utilize their homes as there office and as remote learning locations for their children.

Housing residents will be unable to safely relocate to other locations during the outage.

Additionally, critical base facilities such as the Medical Clinic, base schools, and the dormitory would also be without gas. In early October day time temperatures would allow these facilities to remain operational. However, the later into October we go the risk exponentially increases that daytime temperatures will not be sufficient to allow the work to commence.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

This requirement was released via sam.beta.gov for full and open competition in Jul 2020. This solicitation only yielded one proposal. This proposal was deemed non-responsive as the respondent took exception to a key requirement to be able to respond to a natural gas emergency within 2 hours.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Government will perform a complete proposal analysis in accordance with FAR Part 15.303 and the Contracting Officer will perform a price analysis. The Government will perform a technical evalaution of the contractors proposed work scope and hours to ensure all proposed efforts and costs are acceptable.

In addition, the Government developed a cost estimate which will be used by the Contracting Officer to determine price analysis and a way to determine that the anticipated costs to be fair and reasonable.

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2020 FOR OFFICIAL USE ONLY Page 5 of 5

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.