KO_JA_Doc_TT_Electrical_Combined_Signature_-_FINAL.pdf

Control No. CECT-NWO-18-08

U.S. ARMY CORPS OF ENGINEERS JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Control No: CECT-NWO-18-08

Requirement: Temporary Electrical and Lighting for SOF-Battalion Operations Facility Complex, Fort

Carson, Colorado

Authority: Federal Acquisition Regulation (FAR) 6.302-2, Unusual and compelling urgency; 10 United

States Code (U.S.C.) § 2304(c)(2)

Estimated Amount: $135,292.00

Prepared by:

Stephanie.A.Harr@usace.army.mil STEPHANIE A. HARR

Contract Specialist

Contracting Officer:

Christine.L.Wilson@usace.army.mil CHRISTINE L. WILSON Contracting Officer

Technical / Requirements Representative:

James.P.Harding@usace.army.mil JAMES P. HARDING Technical/Requirements Representative mailto:Stephanie.A.Harr@usace.army.mil

Control No.

I have reviewed this Justification & Approval (J&A) document and find the justification adequate to support other than full and open competition.

Project Manager:

James.P.Harding@usace.army.mil JAMES P. HARDING Technical/Requirements Representative

Office of Counsel:

Erin.K.Murphy@usace.army.mil

ERIN K. MURPHY

Assistant District Counsel

Office of Small Business Programs:

Kevin.S.Thomsen@usace.army.mil KEVIN S. THOMSEN Deputy for Small Business

Deputy District Commander:

N/A IAW UAI 5106.304-100(a)

James.T.Startzell@usace.army.mil JAMES T. STARTZELL

MAJ, EN

Deputy Commander mailto:Kevin.S.Thomsen@usace.army.mil mailto:James.T.Startzell@usace.army.mil

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: The responsible contracting agency is the U.S. Army Corps of

Engineers, Omaha District, Contracting Division (CENWO-CT).

2. DESCRIPTION OF ACTION: Provide temporary electric service, as currently installed, to the

Battalion Operations Facility, Regional Support Element, and supporting project offices areas on

Fort Carson, Colorado. Rental of equipment to provide this service includes, but may not be limited to, installed transformers, electrical distribution panels, electrical distribution cabling, extension cords, temporary lighting, and temporary power distribution boxes. Temporary electric service, as currently installed, shall be sufficient to power temporary heating units, construction tools, lighting, and other construction equipment throughout the three sites. The estimated cost for this award is

$101,469.00.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

Contract W9128F-14-C-0024 was terminated for default effective 30 January 2018 during performance of construction. Essential services are required to be maintained to protect the structure in place until execution of the reprocurement. Contractor T&T Electric (CAGE 0L988) is currently providing temporary electrical service to the building, including all associated materials.

4. AUTHORITY CITED: 10 U.S.C 2304(c)(2), as implemented by FAR 6.302-2 gives DOD the authority to set aside requirements when the agency’s need for the supplies or services is of such an unusual and compelling urgency that the delay in award of a contract would result in serious injury, financial or other, to the Government. FAR 6.302-2(a)(2) states: “When the agency’s need for the supplies or services is 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.”

5. REASON FOR AUTHORITY CITED: The J&A is based upon FAR 6.302-2(a)(2) and is necessary for this requirement based on the following rationale:

T&T Electrical currently provides temporary electrical service to the project, including an intricate installation of temporary electrical and lighting throughout the facility, cable for temporary heat, and all associated materials required to maintain 24/7 services. If a new electrical contractor is brought onsite to provide the current temporary services and materials, installation will take approximately 30-calendar days during which time the building in construction would be exposed to elements of weather. Costs would be prohibitive as installation of new temporary service would involve an increased cost of labor which has been previously paid by the Government for the service currently installed.

6. EFFORTS TO OBTAIN COMPETITION: It is not in the best interest of the Government to duplicate costs and efforts by seeking a new Supplier to continue the service requirement as the increased cost and potential risk to the Government would not be recovered through competition of the services required. Additionally, the cost for installation of the equipment in place has already been paid by the

Government. Competing this action would result in a requirement for de-installation of the equipment in place and reinstallation of identical equipment resulting in higher costs as well as exposure of the building in construction to the elements.

7. ACTIONS TO INCREASE COMPETITION: This work will be incorporated into the reprocurement contract.

8. MARKET RESEARCH: Currently Omaha District does not hold a contract with T&T Electric.

Contract Specialist also reviewed other districts in an attempt to locate a contract. Due to the nature of the requirement and the current materials and equipment in place on this project, it is in the best interest to utilize T&T Electric rather than accumulate excessive costs for duplicate efforts.

9. INTERESTED SOURCES: None.

10. OTHER FACTS: None.

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.

NAME: James Harding

TITLE: Project Manager

ELECTRONIC SIGNATURE/DATE:

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: James Harding

TITLE: Project Manager

ELECTRONIC SIGNATURE/DATE:

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.” This determination will be based on cost analysis, price analysis, comparison with an independent government estimate, and negotiations. Anticipated cost is $300,000.00.

NAME: Christine Wilson

TITLE: Contracting Officer

ELECTRONIC SIGNATURE/DATE:

14. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my knowledge and belief."

NAME:

TITLE:

ELECTRONIC SIGNATURE/DATE:

Christine L. Wilson

Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of materials and equipment service for temporary electrical on the SOF-Battalion Operations Facility Complex, Fort Carson, Colorado on an other than full and open competition basis pursuant to the authority of 10 U.S.C

2304(c)(2), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

NAME: Christine Wilson

TITLE: Contracting Officer

ELECTRONIC SIGNATURE/DATE: