JA Helping Agencies Phase 3 REDACTED.pdf

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Control Number: SWT-26-0015

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RFO Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: Department of the Army U.S. Army Corps of Engineers (USACE) Tulsa District, Contracting Division 2488 East 81st Street, Tulsa, OK 74137

2. Description of Action: Approval of a follow-on Firm-Fixed-Price (FFP) construction contract is requested for Mountain Point, LLC (CAGE Code: 8V9Q8).

As the incumbent contractor actively executing Phase 1 and Phase 2 at Building 1, their continued utilization ensures continuity of operations for the Helping Agencies at Tinker Air Force Base, Oklahoma.

3. Description of Supplies/Services: The total estimated value of the proposed action is $5,000,000.00. This acquisition is a FY26 programming action and will be funded with SRM funds. The contract duration is 365 days after Notice to Proceed. The proposed contract does not include options.

The work to be performed under the terms of this contract consists of furnishing all Design/Engineering Services, materials, labor, plant, tools, transportation, equipment, testing services, quality control and incidentals required to provide humidity control and repair the interior administrative areas of at Tinker Air Force Base (AFB), Oklahoma.

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is Title 10 U.S.C. §3204(a)(1), as implemented in RFO 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with DFARS 206 (CD 2026-O0017, Rev. 1) and Army Class Deviation 2026-PG01 – Approval Authorities for Approval of Justification, the Contracting Officer is the signatory authority for contract actions at $10 million or below.

5. Reason for Authority Cited: As set forth in RFO 6.103-1(b), Agencies may contract without providing for full and open competition when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. This J&A applies the Only One Responsible Source authority using the application of RFO 6.103-1(c)(2), “Supplies and services may be deemed as available from only one source under this authority...When awarding a follow-on contract for the continued development, would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements.”

Background: The Department of War (DoW) has an immediate and critical requirement to complete Phase 3 of the B1 Renovation Helping Agencies project (Project Number:

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) at Tinker Air Force Base, Oklahoma. The overall objective of the Helping Agencies initiative is to provide comprehensive, secure, and modernized administrative and operational spaces on the first floor of Building 1

Due to strict federal funding constraints and incremental budget allocations, the overall Helping Agencies requirement was strategically divided two years ago into a multi-phase execution plan.

The total Scope of Work (SOW) was split into three distinct, successive phases designed to be intermittently funded at approximately per year. As previously planned, Phase 3 is now being solicited and funded, following Phases 1 & 2.

Phases 1 & 2 (Complete/Underway): Established the foundational structural, HVAC, electrical, and telecommunications infrastructure, and initiated renovations for adjacent administrative/counseling areas.

Phase 3 (Current Requirement): Focuses on the final architectural build-out and interior renovation of approximately 3,123 square feet of administrative space on the first floor.

This phase specifically addresses the operational area, requiring the construction of specialized Sound Transmission Class (STC) 50-rated offices

Substantial Duplication of Costs (RFO 6.103-1(c)(2)(i)):

As the incumbent contractor executing the seamlessly integrated Phase 2 work, Mountain Point, LLC possesses the specialized, active tooling, mobilization footprint, and exact site familiarity required for Phase 3. Introducing a new contractor at this juncture would require the government to pay redundant mobilization and demobilization fees. Furthermore, a new contractor would be contractually required to perform extensive structural and utility validation of the active Phase 2 work before starting Phase 3 to establish a baseline of responsibility. These redundant engineering reviews and duplicate logistics costs are estimated to exceed $250,000 and cannot be recovered through a competitive process.

Unacceptable Delays (RFO 6.103-1(c)(2)(ii)):

The operations are a high-priority, sensitive command function. Procuring Phase 3 via full and open competition would require a minimum of 6 to 9 months to draft a new solicitation, evaluate proposals, award, and complete the mandatory security vetting/background checks for a new contractor's personnel to gain access to the restricted areas of Building 1. This delay would leave critical interior spaces in an unfinished, semi-constructed state, disrupting ongoing base operations and exposing open infrastructure to potential environmental degradation.

Mountain Point’s workforce, project managers, and specialized subcontractors are already fully vetted, background-checked, and badged for the facility. Onboarding a new contractor would mean waiting months for background checks, facility access control, and escort clearances to clear. This directly translates into an unacceptable schedule delay to the agency mission.

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Single Point of Liability & Systems Integration:

Phase 3 requires delicate integration of new HVAC reconfigurations, lighting enhancements, duress alarm systems, and fire protection modifications directly into the core mechanical and electrical systems installed during Phase 2. Utilizing two different contractors for interlocking phases within the same 3,123 sq. ft. footprint creates severe risk regarding system warranties and operational liability. Retaining Mountain Point, LLC ensures a single point of engineering and construction accountability, preventing costly finger-pointing and legal disputes should system failures occur during commissioning.

Mountain Point is actively executing Phase 1 and Phase 2 contracts at Building 1 and bringing another contractor into the same building would not be practical. Phase 3 requires physically tying new structural elements, mechanical loads, or electrical circuits into the exact infrastructure built during Phase 2. If a structural crack, electrical fire, or major leak occurs post-construction, it will be impossible to determine which contractor caused the defect. Proving a "single point of liability" ensures that if the roof leaks or a foundation shifts, Mountain Point remains 100% accountable, protecting the government from extensive litigation costs.

Under OSHA regulations, when multiple contractors operate on the exact same physical footprint, it creates a "Multi-Employer Citation Policy" hazard. If a second contractor is working on Phase 3 right next to Mountain Point wrapping up Phase 2 punch-lists, safety liabilities blur. By keeping a single contractor on the footprint, the government maintains a clear, unified Site Safety Health Officer (SSHO). This eliminates conflicting safety protocols that could shut down the entire construction site.

6. Efforts to Obtain Competition: Due to the urgent need to extend services to avoid a lapse in contractor support, the Government published a “Notice of Intent” (NOI) on SAM.gov, to notify industry of our intent to sole source to Mountain Point, LLC. This notice was posted on 23 July 2026 with a closing date of 07 August 2026. The NOI posted did receive one response from Kake Tribal Corporation, an Alaska Native Corporation with four SBA 8(a)-certified entities requesting how they might secure similar opportunities with Tulsa District in the near future. As stated in the Notice of Intent, any information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

7. Market Research: In accordance with RFO Part 10, market research was conducted to identify qualified sources and justify other than full and open competition for Phase 3 of the Helping Agencies project, concluding that a sole-source award to the incumbent contractor, Mountain Point, LLC, is necessary under 10 U.S.C. § 3204(a)(1) to prevent an estimated $250,000 in duplicated mobilization and validation costs and an unacceptable delay of 6 to 9 months. To satisfy the requirements of DFARS PGI 206.103-170 (DFARS PGI CD 2026-O0017, Rev. 2), a Notice of Intent (NOI) to sole source was posted on SAM.gov from July 23, 2026, through August 7, 2026; the single response received was a general inquiry regarding future opportunities and did not express or demonstrate an ability to perform this specific requirement. This meaningful research confirms that Mountain Point, LLC is the only responsible source capable of executing Phase 3 without causing severe, unacceptable financial and schedule impacts to the government.