Eisenhower JA 2024_45 MATOC Increase.pdf

Control No: MICC 2024-45

Local Legal Counsel:

Terence Cleary

Date: See digital signature

Acting Director, MICC- Fort Eisenhower:

Symone Y. Collins

Assistant Director, Small Business Program:

Chinedu C. Nwauwa

MICC Office of Counsel:

Frank A. March with air handling unit and ductwork replacements, steel construction of a building addition at a chapel, a replacement of a steel curtain wall window system at a recreational facility, and several roofing projects. At the same time, freight and logistics costs have also increased dramatically due to tightened capacities and increased fuel costs. There have also been cost impacts from differing site conditions and a decrease in the subcontracting pool in the southeast area which limits competitive pricing for field labor, overhead, and profit.

A major driver of the increased MATOC costs stem from the modifications made to the current task orders. Due to unforeseen issues such as bad soil results from surveys and the finding of asbestos in some building projects. The current dollar total of the MATOC task orders as of 3 July 2024, is $26,104,206.51. Of this total, $5,262,747.84 was a result of modifications to the task orders making up 20.16% of the overall total.

Additionally, for the last five years, the Fort Eisenhower DPW SRM program has been impacted by a major increase of reimbursable projects and new requirements to support the expanding Cyber Center of Excellence mission. The MATOC is utilized to execute these funds and award task orders to maintain Fort Eisenhower real property, and in addition, supporting the growth and transformation efforts. Therefore, the current MATOC contracts awarded in September 2020 now need a ceiling capacity increase of $15 million to support requirements through the remainder of FY24 and FY25.

b. Alternatives.

1) Recompete the MATOC which is not feasible due to the length of time without a construction contract in place.

2) Awarding a stand-alone contract for construction is not feasible due to the time required to process such a procurement and temporary halt to the start of any new construction projects while awaiting the award of a new contract.

c. Impact if Justification not approved. Ongoing projects may be impacted and the fact that the DPW has 13 planned projects for the current MATOC that will be delayed if the ceiling isn’t increased. The existing contractors are prepared to perform, but the DPW would not have the benefit of the current contract arrangements without raising the existing ceiling limitation of the construction MATOC.

6. Efforts to Obtain Competition:

a. Effective competition. Effective competition will continue to occur among the four remaining MATOC contractors at the task order level through issuance of Request for Task Order Proposals. Each task order will be awarded to the contractor with the lowest priced, technically acceptable proposal. The current MATOC contracts were awarded following an extensive competitive source selection.

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.

David Gaither Design Branch Chief

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.

Kimberly N. Agyemang Engineering Division Chief

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 made using the IGCE. As a part of this basis, certified cost or pricing data will be required when applicable.

Charles Smith Contracting Officer

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

Charles Smith Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the increased ceiling capacity of the Fort Eisenhower Fiscal Year 2021 Construction Multiple Award Task Order Contract on an other-than-full-and-open competition basis pursuant to the authority of Title 10 United States Code Section 3204(a)(1), as implemented by Federal Acquisition Regulation 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The value of the increase in ceiling capacity is $15 million with funding to be applied at the task order level during the remainder of the existing five-year ordering period from 30 September 2020 through 29 September 2025.

The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX