JA Germany West JOC 29 SEP 2020 (Final Approved)._Redacted.pdf

Control No. NAU 20-002

Justification for Other than Full and Open Competition US Army Corps of Engineers, Europe District

1. Contracting Activity:

U.S. Army Corps of Engineers (USACE), Europe District (NAU), Contracting Division.

2. Description of Action:

The requiring activity, Installation Management Command Europe (IMCOM E), has an urgent requirement for warehouse roof repair. To meet this requirement NAU intends to issue a firm-fixed-price, non-competitive modification to increase the maximum not-to-exceed (NTE) amount of W912GB-17-D-0040 Germany (DE) West, Belgium (BE), and the awarded to JV JOC Germany BMS (BMS). This Germany West JOC supports the Sustainment, Restoration, and Modernization (SRM) program primarily for United States Army Garrison (USAG) Rheinland-Pfalz (DE), USAG Stuttgart (DE), USAG Wiesbaden (DE), and U.S. Government facilities throughout BE and NL to provide real property repair and maintenance, environmental work, force protection work, and minor construction services. The total contract value at the time of award, including all option periods, was $111,900,000 and the period of performance is set forth below:

Base period: 7 September 2017 to 6 September 2020, Option Period 1: 7 September 2020 to 6 September 2021 Option Period 2: 7 September 2021 to 6 September 2022 Option to Extend Services: 7 September 2021 to 7 Mar 2023

Currently, there is approximately $18M in available contract capacity until the current contract maximum is reached. However, this remaining capacity is insufficient to meet the FY20 JOC requirements estimated to total approximately $19.5M. Therefore, the contract not-to-exceed (NTE) amount is requested to be increased by $1.7M from $111.9M to $113.6M to support Warehouse Roof Repairs at USAG Stuttgart, Germany, as described below. Upon approval, the Government anticipates award of the subject contract modification in September 2020, using Operations and Maintenance (O&M) funds for the task orders only (as the annual minimum guarantee of $25K for the base period has already been met).

3. Description of Supplies/Services:

Under the subject contract modification to increase the contract maximum NTE amount, the contractor shall continue to provide the same types of services provided within the scope of protection work, and construction services which primarily address general building renovation, road and pavement repair, and general environmental work including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, shall be furnished in response to duly authorized task orders issued in accordance with the Germany West JOC "Ordering Procedures."

Specifically, this justification and approval is to support Project # ISB-0374 for Warehouse Roof Repairs Weilimdorf Building 5376 at USAG Stuttgart, Germany. This project repairs a leaking roof at the Stuttgart housing furniture warehouse. The existing roof already leaks in a number of locations and spot repairs are no longer feasible. Delaying the repair work into another winter season will only accelerate the deterioration of the existing roof system and potentially cause damage to the multi-million dollar furniture inventory stored in the building.

4. Authority Cited:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Reason for Authority Cited:

Background:

NAU identified the need to replace the FY17 Germany West JOC early in FY20, and the acquisition plan was approved by the Senior Contracting Official (SCO)-Atlanta on 5 MAR 2020. The FY20 Germany West JOC W912GB-20-D-0016 was awarded on 14 AUG 2020;

however, a GAO protest by the disappointed offeror was received on 23 SEP 2020 which has resulted in an automatic stay of contract award. GAO has 100 days to render its decision on that protest, extending potential award into December 2020 at the earliest.

Justification: As described at FAR 6.302-2(b)(2), when the supplies or services required by the Agency are of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. As described in greater detail below, failing to begin roof repairs at the furniture warehouse prior to the winter season will cause significant harm to government property. The $1.7M proposed increase to the NTE capacity will mitigate the risk of serious injury to the Government, financial and otherwise, and allow award within schedule.

Impact: Without increasing the capacity of the JOC contract, the Department of Public Works (DPW) at the USAG Stuttgart, Germany would suffer a serious set-back for a construction sustainment, repair and maintenance project which may result in mission failure.

There are no other known contract vehicles capable of providing for this requirement, and executing this non-competitive action as a modification to this existing JOC allows the government to utilize the existing contract structure to obtain a consistent level of quality and efficiency as the other work performed under the current FY17 Germany West JOC. The Department of the Army does not have the organic resources necessary to meet the mission requirement.

The consequences of not approving this $1.7M increase in contract capacity for the FY17 Germany West JOC will delay a critical SRM contract work requirement for at least 90-120 days.

Project # ISB-0374 for Warehouse Roof Repairs Weilimdorf Building 5376 at USAG Stuttgart, Germany is identified by IMCOM-E as a critical requirement that must be commenced prior to the start of the next winter season. This project repairs a leaking roof at the Stuttgart housing furniture warehouse. The work includes replacement of the entire roof surface and drainage system, installation of a leak detection system, building smoke extraction system, and replacement of the building lightning protection system. The existing roof already leaks in a number of locations and spot repairs are no longer feasible. Delaying the repair work into another winter season will only accelerate the deterioration of the existing roof system;

delaying these roof repairs also poses a significant potential for damage to the multi-million dollar furniture inventory stored in the building increases. The programmed amount for this repair is $1,666,000.

Alternatives:

1) Suspension of Operations. Suspension of operations is not a viable alternative. Without these repairs, the furniture warehouse may not be able to operate and would need to be closed. This warehouse provided needed storage to a multi-million dollar housing furniture inventory which cannot be move to an alternate location.

2) Use of In-House Resources. There are no in-house resources capable of satisfying the

IMCOM

cuts and reliance on contractors to perform critical facility maintenance functions over the years have resulted in a shift of technical expertise from the Government to private industry.

The amount of time required to recruit and hire qualified Government personnel with the requisite skills through the civilian personnel system render this alternative unrealistic and not viable.

3) Solicitation Using Full and Open Competition. The government developed and executed an acquisition plan to procure a replacement contract for the FY17 Germany West JOC was solicited using full and open competition and the FY20 Germany West JOC was awarded on 14 AUG 2020. However, a protest was received resulting in an automatic stay of the performance of the contract, which could last 100 days. To procure these requirements separately under full and open competition for a stand-alone contract would take more than 120 days and result in the above describe injury to the government from damage to real property as well as the furniture stored inside.

4) Other available contract vehicles. Without the availability of the FY20 Germany West JOC, there is insufficient contract capacity for Project # ISB-0374. There are no other contracts set up to do the type of repairs needed here, which are suited to the Job Order already established Multiple Award Task Order Contract (MATOC) for general construction would not be effective to meet the needs of the government, and issuing a competitive task order would still result in unacceptable delay, causing injury to the government.

None of the alternatives contemplated would be able to prevent injury to the government from occurring and therefore the only viable option is increasing the maximum of the FY17 Germany West JOC. Approval of the requested increase in the NTE limit will provide continuous mission-essential SRM support for IMCOM E until the protest on the new FY20 Germany West JOC is resolved.

12. 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.

Name: 29 September 2020

Title: Chief, Installation Support Branch Signature: ___

13. 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. The techniques identified at FAR 15.404-1(b) (2) (ii) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer will ensure that final orders issued against this contract shall be fair and reasonable through comparison of historical costs paid, comparison of independent Government Estimates (IGE), and analysis of data other than certified cost or pricing data.

29 September 2020

Contracting Officer Signature:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

29 September 2020

Contracting Officer Signature:

Justification for Other than Full and Open Competition US Army Corps of Engineers, Europe District

APPROVAL

Based on the foregoing justification, I hereby approve the modification to increase the contract maximum not-to-exceed (NTE) amount for the FY17 Germany West, Belgium, Netherlands Job Order Contract (JOC) under contract number W912GB-17-D-0040 by $1.7M from $111.9M to $113.6M on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

Date: ___________________ Signature:

Alternate Advocate for Competition Atlanta