JA Other than Full and Open Out of Scope_ (004).pdf

MICHIGAN AIR NATIONAL GUARD

127TH CONTRACTING DIVISION (ACC)

SELFRIDGE ANG BASE MICHIGAN

13 September 2020

Justification and Approval for Other than Full and Open Competition Sole Source Justification: MBMV872014 Emergency Electrical Service Repairs

Control No: 2020-01

1. Contracting Activity:

US ANG 127 MSC

43200 Maple Street Bldg 105, Rm 16 Selfridge ANG Base MI 48045

2. Description of Action:

a. Requirement: MBMV872014 Emergency Electrical Service Repairs

b. Contract Type: Firm Fixed Price Out of Scope Contract Modification of

W912JB17C8001 utilizing FY 20 Air Force SRM funds

c. Contractor: LD Docsa

d. Cost: $386,757.52

e. Form 9#: F6DLCE0239AW01

3. Description of Supplies/Services: MBMV872014 Emergency Electrical Service Repairs

Modification 4, W912JB-17-C-8001

a. W912JB-17-C-8001 is a contract for the repair of electrical infrastructure at multiple sites/buildings, to include demolition of existing pole mount transformers on grade, construction of a proper foundation and installation of new concrete encased cable duct bank, and medium voltage switches underground. This Addendum is considered to be out of the general scope of the contract and new work due to the magnitude and nature of the changes when compared to the work originally contracted. Potential bidders and other interested parties could not have reasonably foreseen such changes pre-award and because the solicitation did not advise offerors of the potential for these changes. The Contract price will increase by $386,757.52 from $2,600,988.00 to $2,987,745.52

b. The rationale for an out of scope change order is the Electrical Systems Repair contract, W912JB-19-C-5003, specs failed to annotate, direct, or describe corrective action for instances of unexpected power surges. During the performance of the project, a power outage occurred due to a vehicle collision with the primary power feed, which resulted in an unexpected voltage spike. The voltage spike produced extensive damages to a key building and infrastructure components, which results in the out of scope work.

c. The purpose of this justification is to authorize and document the use of the current onsite general contractor, LD Docsa, and their Electrical subcontractor to perform the required repairs as a modification to the existing contract, (W912JB-17-C-8001). This justification is pursuant to authority of 10 U.S.C.2304(c) (1). The Government will utilize the specs, standards, and drawing for the basis of repairing the voltage systems, Heating Ventilation Air Conditioning (HVAC)/mechanical systems, alarm systems, and other related infrastructure components for Building 6914; to negotiate with the onsite contractor in regards to the subject emergency onsite condition, as a cost and time saving measure.

4. Below are the technical changes to the scope of the new work

a. Provide labor and material to repair several HVAC units. Perform assessments and determine faults. The repairs include boilers, chillers, mini-split air conditioners, and air handlers. Replace components; condensers, control boards, power supply modules, fuses, frequency drives, and other related system components.

b. Provide labor and material to repair electrical, fire, and security systems. Perform assessments and determine faults. The repairs include electrical wiring, motor systems, and other systems which relate to building electrical, fire warning systems, and security alarm systems.

5. Authority Cited: The applicable FAR reference is 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements; (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c) (1). (2) 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.

6. Reason for Authority Cited: The Contracting Officer’s has determined that a competitive bid process will lengthen the duration needed for emergency repairs to critical infrastructure by at least 10 weeks. The incumbent contractor, LD Docsa, is currently onsite and working the associated repairs and are very familiar with the project. The contractor can quickly perform the new work and seamlessly resume the original scope of work. This is a critical infrastructure and will jeopardize the 110 WG’s mission due to the lengthy power outages from electrical damages. It is imperative the repairs are completed as quickly as possible and LD Docsa is positioned to expedite the repairs. In addition, the provision of temporary power cost incurred by the 110th Wing Civil Engineering operations department in regards manpower, generators wear and tear, and fuel currently stands at $12,240 or about $3,105 a day. This former number will increase significantly while waiting approximately 10 weeks for the competitive acquisition to get new contractors mobilized onto the job site.

Furthermore, the incumbent contractor has performed the excavating and electrical effort efficiently and professionally for the current contracted project.

7. Efforts to Obtain Competition: N/A

8. Actions to Increase Competition: Battle Creek ANG, MI will implement more stringent quality control of its requirements definition to reduce the number of cardinal changes in its contracts.

9. Market Research: N/A

10. Interested Sources: To date, no other sources have written to express an interest. The notices required by FAR 5.201 shall be published, and any bids or proposals received shall be considered.

11. Other Facts: W91JB17C8001 was awarded on 7 September 2017 pursuant to FAR 14 sealed bid procedures as a competitive small business set aside.

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.

NATHAN D. FINFROCK, Maj, MI ANG Contracting Officer Representative

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.

NATHAN D. FINFROCK, Maj, MI ANG Commander, 110 Civil Engineer Squadron

14. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Fair and Reasonable Price will be determined by comparing the contractor and subcontractors breakouts of labor, material, overhead, and equipment with the Independent Government Cost Estimate and validating the effectiveness of the change order during any needed negotiations in obtaining a fair and reasonable price.

STEVEN A. STOCKING, GS-12, MI ANG

Contracting Officer

15. Contracting Officer Certification:

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

STEVEN A. STOCKING, GS-12, MI ANG

Contracting Officer

Based on the foregoing justification, I hereby approve the subject procurement on an “Other than full and open competition” basis pursuant to the authority of 10 U.S.C.2304(c) (1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

DARRYL J. MITCHELL, GS-14, MI ANG

Chief of Contracting Office