RCOI-J&A-FY17-06.pdf

RCOI -J&A-FY17-06

Version – MAY 2016 FOR OFFICIAL USE ONLY

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

1. Contracting Activity: 414th Contracting Support Brigade-RCO Sub-Office Livorno

2. Description of Action: This is a sole source justification to modify Contract W912PF- 15-C-0008 “Repair/Upgrade Building 2020” to add new workscope. The modification will require the current contactor on the project to design and install a dust collection system as well as an autoclave water pressure system for the building. The current Statement of Work (SOW) requires the contractor to reuse an existing dust collection system during the repair and upgrades and it does not mention an autoclave. These changes are considered substantially different from this SOW and are therefore “out of scope”.

The contract was originally awarded to Firm CLC as a firm-fixed price construction contract on 21 September 2015. The project is funded by the Air Force and managed through USAG Italy’s Department of Public Works (DPW). The additional scope included in this modification will use FY 17 (current year) funding. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: Addendum 0005 to the technical specifications for Project AA1-00602-1 includes the following work to be completed by 1 April 2017:

A. Design and installation of a dust collection system for woodworking equipment to include one vertical panel saw, two table saws, one planer, one radial arm saw and two miter saws. The Contractor shall prepare a design (stamped by an engineer) for a system which meets the Italian ATEX classification. The system design shall incorporate safety features to prevent ignition of the dust and to divert the force of any explosion. The contractor shall provide all equipment and materials to include the exhaust fan, control panel, sleeves filtering system connected to a compressed air system, hopper for dust collection complete with stellar valve and bin and galvanized steel ducting with vertical ducts leading to each piece of equipment. The system shall be housed in in a weatherproof sound-proofing container connected to the building.

B. Additionally, the contractor shall provide an autoclave system to increase the potable water pressure in the building and maintain the pressure between 3 and 4 bar. The autoclave system shall include all necessary pressure gauges, switches, pumps, valves and electrical parts.

Period of Performance: 1 March 2017 to 1 April 2017 (30 days) Total Value: $ 60,591.10

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The incumbent contractor is the only responsible company which could design and install the systems by 1 April 2017 which is the required completion date for Project AA1-00602-1 “Repair/Upgrade Building 2020”. This determination has been made taking into consideration the following:

A. The RCO would not be able to issue a separate construction contract in enough time for the new contractor to complete both the design and installation of the new systems by 1 April 2017. This would create an unacceptable delay to the overall project and would likely result in a contractor claim for government delay.

B. The local security office requires a minimum of 30 days to review and approve all access to the Ammunition Storage Area where the building is located. This process can only be waived in the case of an emergency. Therefore, only the current contractor possess the required passes to complete the work.

C. The current contract requires the contractor to warranty all work for a period of two years after final government acceptance. Using a separate contractor for part of the work would mean that the warranty doesn’t apply to those systems.

D. The current design-build contract requires the contractor to provide an updated “as-built” design after project completion. Using a separate contractor for part of the work would eliminate those systems in the final design.

E. Using two separate prime contractors within the same workspace would create safety conflicts that would require issuing a separate contract for a safety coordinator. This is an additional expense that would be unnecessary with a single contractor.

F. Using two separate prime contractors within the same workspace would create physical security issues since both contractors would have access to the other’s equipment.

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

The price proposed by the Contractor was negotiated and the Contractor revised their offer on the basis of the technical information provided by the Government estimator.

6. Efforts to Obtain Competition: The contract W912PF-15-C-0008 was awarded on the competition basis. Six offers were received. Taking into consideration that a separate contract would not be reasonable for the reasons cited in paragraph 5, above, the Contracting Officer determined to modify Contract W912PF-15-C-0008 on sole source basis.

A. Effective Competition: Because this is a sole source action, effective competition is not applicable.

B. Subcontracting Competition: Subcontracting (if any) competition will be achieved by the prime contractor.

7. Actions to Increase Competition: N/A, this is a single, one-time contracting action.

Therefore, there are no additional actions to take to increase competition.

8. Market Research: N/A. Market research not performed since the KO has determined there is only one responsible source and no other supplies or services will satisfy agency requirements.

9. Interested Sources: N/A, additional sources not sought since the KO has determined there is only one responsible source and no other supplies or services will satisfy agency requirements.

10. Other Facts:

Procurement History:

A. Contract numbers and dates of the last several contracts for these same requirements: This is a modification to Contract W912PF-15-C-0008 on a sole source basis.

B. The competitive status of these actions: N/A, sole source basis C. Authority previously cited if less than full and open competition was used: N/A D. If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

E. If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

F. An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

G. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

Note: The approval and signatures pages for this J&A are kept on file with the contracting office.