Limiting_Competition_for_FBO.pdf

Control No. CECT-NWO-15-19

U.S. ARMY CORPS OF ENGINEERS

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Control No: CECT-NWO-15-19

Requirement: To include additional out of scope work to an existing Task Order (W9128F-13-

D-0013-0006 renovation of building 625 on Peterson AFB, CO)

Authority: FAR 16.505(b)(2)(i)(c), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original award.

Prepared by:

Digitally signed by

CATANIA.NADIN CATANIA.NADINE.L.1146641624

DN:c=US, o=U.S.Government, ou=DoD, ou=PKI, ou=USA, E.L.1146641624 cn=CATANIA.NADINE.L.1146641624 Date: 2015.09.2507:34:25 -05'00'

NADINE L. CATANIA

USACE – Omaha District

Contract Specialist

Contracting Officer:

Digitally signed by POLUEKTOVA.POLINA.A.1246901577

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=POLUEKTOVA.POLINA.A.1246901577

Date: 2015.09.25 09:16:43 -05'00'

POLINA A. POLUEKTOVA

USACE – Omaha District

Contracting Officer

Technical / Requirements Representative:

CINTRON.MIGUE Digitally signed by

CINTRON.MIGUEL.H.1232165304

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, L.H.1232165304 ou=USA, cn=CINTRON.MIGUEL.H.1232165304 Date: 2015.09.25 09:36:14 -05'00'

MIGUEL H. CINTRON

USACE – Omaha District Technical/Requirements Representative

CARTER.HUBERT.J.JR.1215305755

overnment, ou=DoD, ou=PKI, ou=USA, T.J.JR.1215305755

:21:16 -05'00'

Deputy District Commander:

SEXTON.MICHAEL.DEA

N.1147415997

Digitally signed by SEXTON.MICHAEL.DEAN.1147415997 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SEXTON.MICHAEL.DEAN.1147415997 Date: 2015.09.27 20:10:06 -05'00'

MICHAEL D. SEXTON

LTC, EN

Deputy Commander

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

Project Manager: CINTRON.MIGUE Digitally signed by CINTRON.MIGUEL.H.1232165304 ou=USA, cn=CINTRON.MIGUEL.H.1232165304

L.H.1232165304 Date: 2015.09.25 09:36:41 -05'00'

MIGUEL H. CINTRON

Project Manager

Office of Counsel: TRACY.THOMA TRACY.THOMAS.J.1231350582 DN: c=US, o=U.S. Government, S.J.1231350582 ou=DoD, ou=PKI, ou=USA, cn=TRACY.THOMAS.J.1231350582 Date: 2015.09.25 12:18:04 -05'00'

THOMAS J. TRACY

Assistant District Counsel

Office of Small Business: Digitally signed by

CARTER.HUBERT.J.JR.1215305755 DN: c=US, o=U.S. G cn=CARTER.HUBER Date: 2015.09.27 16

HUBERT J. CARTER JR.

Deputy for Small Business

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Omaha District, Contracting Division

(CENWO-CT).

2. DESCRIPTION OF ACTION: A negotiated, firm-fixed price supplemental agreement

(modification) on contract W9128F-13-D-0013, 0006, Renovate Building 625, Peterson AFB, Colorado to John Bowman, Inc, a small and disadvantage veteran owned small business prime contractor. This modification will have the contractor purchase and install the furniture to provide a turn-key renovation.

This contract, W9128F-103-D-0013, Task Order 0006, was awarded using FY14 O&M Air Force funds.

It has been determined that purchasing and installation of the furniture is not within the scope of the current project, but is required to make the facility complete and usable for the end-user. Since the purchasing and installation of the furniture is not within the scope of this contract, current year (FY15)

Air Force O&M funds will be used to award the supplemental agreement.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION: The prime contractor, John Bowman, Inc., is currently 71% complete and performing electrical/fire alarm/telecommunication rough-in, wall framing & gypsum wallboard hanging, plumbing, structural repairs, window and door framing, concrete placement, and exterior metal panel installation. The project involves the necessary demolition and construction features of work to provide seven new offices, three storage rooms, a weapons storage room, janitor’s closet, and SIPR classroom. The contractor is on schedule to complete the renovations by 04 December 2015. The task order did include the requirement listed within the specification for the contractor to “coordinate with the Users all information required for the Base to procure the FF&E package.” The contractor has provided the Furniture, Fixtures and

Equipment (FF&E) package to the government and the government has accepted the submittal. Estimated construction cost is $268,151.04.

4. AUTHORITY CITED: FAR 16.505(b)(2)(i)(c), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original award.

5. REASON FOR AUTHORITY CITED: Utilization of the current contractor to purchase and install the furniture would result in lower prices and more timely project completion for the government. The current contractor’s submittal for the FF&E package includes the requirement of Air Force Strategic

Sourcing contractors’ compliance with the Air Force furniture requirements. Such requirements mandate the use of preselected manufacturers and installers utilizing GSA pricing. The savings from the prime contractor would be mobilization, lay-down yard, and miscellaneous management and design expenses.

For the installation of the modular furniture, the electrical portion would be facilitated in a streamline fashion as the contractor can better accommodate any minor changes needed to connect the modular furniture to the new electrical terminations.

The contractor is also able to install the furniture while the renovations are being completed; ensuring one contractor is responsible for all installation and potential damages accomplished during installment. With the current contractor purchasing the items from an AF Strategic Sourcing contractor, compliance with the

AF regulations are met while facilitating installation with the use of the construction contractor.

Additionally, the customer receives a turn-key renovation product that prevents additional months between renovation completion and installation of furniture; allowing the customer to execute their mission essential tasks in a more timely fashion.

Currently the end-user, the 21 st and 302 nd

Explosive Ordnance Disposal Flights, is operating out of a 158 square foot office. Delaying the end-user from occupying the renovated building extends the time for

$125k of government equipment being incorrectly stored and degrading the mission critical equipment needed by the EOD unit during bomb threat assessments on federal installations and in the local community. The training and readiness of the EOD unit where integral use of the computers has resulted in decreased productivity and increased scheduling conflicts, a turn-key renovation for the EOD unit is critical.

6. EFFORTS TO OBTAIN COMPETITION: No efforts to increase competition were made for this supplemental agreement. The original contract was advertised under solicitation W9128F-12-R-0038, RFP-14 to the Multiple Award Task Order Contract holders allowing fair opportunity. The award amount of the contract is currently $2,066,350.95. This out-of-scope modification represents an increase of only approximately 13.0%. The contractor, John Bowman, Inc., is a small and disadvantage veteran owned small business.

7. ACTIONS TO INCREASE COMPETITION: None.

8. MARKET RESEARCH: Market research was not conducted for this proposed supplemental agreement.

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: Miguel H. Cintron DATE: 25 September 2015

CINTRON.MIGUEL.H.1232165304

Date: 2015.09.2509:37:13 -05'00'

TITLE: Project Manager SIGNATURE: L.H.1232165304 ou=USA, cn=CINTRON.MIGUEL.H.1232165304

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: Miguel H. Cintron DATE: 25 September 2015

TITLE: Project Manager 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 based on cost analysis, price analysis, an independent government estimate, and negotiations. Anticipated cost is between $265,000.00 and $285,000.00.

CINTRON.MIGUE

L.H.1232165304

Digitally signed by

CINTRON.MIGUEL.H.1232165304

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, Dcante=:C2IN0T1R5O.0N9..M25IG0U9:E3L7.H:3.122-30251'0605'304

CINTRON.MIGUE

NAME: Polina A. Poluektova DATE: 25 September 2015

TITLE: Contracting Officer SIGNATURE:

14. CONTRACTING OFFICER CERTIFICATION:

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

TITLE: Contracting Officer SIGNATURE: __

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou= USA, cn= POLUEKTOVA.POLINA.A.1246901577 Date: 2015.09.25 09:17:39 -05'00'

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of furniture for Building 625, Peterson AFB, CO on an other than full and open competition basis pursuant to the authority of FAR

16.505(b)(2)(i)(c), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original award, subject to the availability of funds, and provided the construction herein described (have/has) otherwise been authorized for acquisition.

TITLE: Contracting Officer SIGNATURE:

POLUEKTOVA.POLINA.A.1246901577

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=POLUEKTOVA.POLINA.A.1246901577

Date: 2015.09.25 09:18:14 -05'00'

DN: c=US, o= U.S. Government, ou= DoD, ou=PKI, ou= USA, cn= POLUEKTOVA.POLINA.A.1246901577

Date: 2015.09.25 09:17:20 -05'00'