Amendment_I_J&A_6.302-1_UXO_Survey_FBO_POSTING.pdf

Control No: RCOI - J&A-FY17-02 Contractor: CF&G DI Coronella Federico

Version – MAY 2016 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Unexploded Ordinance (UXO) Survey at Del Din Legacy Zone (Buildings 4, 93 and 94) for Department of Public Works, USAG-Italy.

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $ 450,000

Prepared by: Bernie Kruse & Tyrone Palaganas

Contracting Officer: Tyrone Palaganas DSN: 314-637-7402 Contracting Officer Date: 30 Dec 2016 Email: tyrone.b.palaganas.civ@mail.mil

Technical/Requirements: Bernie Kruse DSN: 314-637-8206 Chief, Engineering Division Date: 29 Dec 2016 Email: charles.b.kruse2.civ@mail.mil

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: 414th Contracting Support Brigade, Vicenza

2. Description of Action: Department of Public Works (DPW), USAG-Italy requests a firm-fixed-price sole-source contract with CF&G DI Coronella Federico. The Government projects award for January 2017 and fiscal year 2017 funds type OMMA funds will be used.

X 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).

(Insert approval authority title approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on (insert date).

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting (insert approval authority title) approval.

3. Description of Supplies/Services: The Contractor shall accomplish the required UXO survey, to include removal of interfering material, filtering of material as required, and backfilling of areas where soils have been removed. Light Survey, preparatory to any deep soil survey, down to 1 meter depth from ground level. Deep Survey by vertical drilling or excavation at maximum depth allowed by The Italian 5th Command Infrastructure BCM office in their prescriptions. Upon completion of the field operation the Contractor shall submit the warranty statement to the Italian “5th Comando Infrastrutture, ufficio BCM del Genio Militare”.

Period of Performance: 40 days after contract award Total Value: $ 450,000

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 proposed acquisition through other than full and open competition is in accordance with the cited authority because delays tied to a full and open competition solicitation would result in delay costs of approximately $110K per month for the Government. Until the UXO removal is completed, existing Corps of Engineers (COE) contracts will remain on a stop work and COE contractor delay costs will be accrued. Proceeding under subject authority will allow the Government to proceed with the UXO contractor that is already mobilized on site, and perform the UXO work in an expeditious manner; thereby, avoiding delay costs to the Government noted above.

(a) Identify the specific subparagraph of the authority cited and include the full text of the FAR for that subparagraph.

1) As described at FAR 6.302-1(a) (2) (iii), DoD, NASA and the Coast Guard, in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in--

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B).)

• This is a follow-on effort. CF&G was awarded contract W912PF-16-P-0062 on 29 July 2016 to perform UXO Survey work at the Del Din Legacy Zone. The original method to execute the work was to drill holes at specific intervals then drop instruments for readings to detect unexploded ordinances.

• The firm mobilized on 19 December 2016 after initial planning events. During excavation to locate utilities, the firm and COR discovered extensive metal material from previous construction works in the ground. The presence of these metals renders the drill and instrument reading approach untenable as said materials will provide false readings.

• Discovery of metal materials in the ground represents an out-of-scope site condition change. The project cannot be executed under W912PF-16-P-0062 as the site condition change will require a construction “C” type contract. The method to survey UXO will now require significant excavation in the areas surrounding buildings 4, 93 and 94.

• It is necessary and in the Government’s best interest to keep the current contractor on-site to perform the new work under a new contract for the following reasons:

o They are already mobilized on-site o They conducted all the pre-work necessary to start survey activities. A new firm would need several weeks of planning to start actual survey work.

o The Government would incur significant financial harm in the form of standby costs in the amount of approximately $110k per month on COE contract W912GB-13-D-0006-0005 starting in February 2017.

(b) Alternatives:

1) Full and Open: The Government will not be able to recoup savings through full and open competition as the time required to start a new contractual effort will take approximately three months. In this scenario, the Government would owe the COE contractor approximately $330K in standby costs plus the costs of the UXO Survey.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a) (12), this action will not be synopsized.

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

7. Actions to Increase Competition: This sole source J&A will only be for UXO clearance in areas that are preventing the execution of the Corps of Engineers contracts. UXO clearances in the remainder of the Del Din legacy zone will be accomplished under full and open competition.

8. Market Research: Under W912PF-16-P-0062, market research was conducted and will apply to this action. The firm under the original effort and revised effort is required to be Italian Ministry of Defense certified to conduct UXO work. Although the method to complete the UXO survey has changed, the pool of available contractors as notated in the original market research remains the same.

9. Interested Sources: The Government received six proposals under W912PF-16-P-0062. There would be interested vendors to complete the revised requirements, but due to reasons cited above, the time and financial constraints require the use of the current firm already mobilized on site.

(End of page)

10. Technical/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. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical and requirements certifications.

Typed Name: Bernie Kruse Title: Chief, Engineering Division

Signature:

11. 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 the independent Government estimate.

This determination will be made using the following: IGCE

As a part of this basis, certified cost or pricing data:

will be required.

X will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that will be agreed upon are based on prices set by law or regulation.

A commercial item is being acquired.

A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

The contract action is a modification to a contract or subcontract for commercial item(s).

X The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Tyrone Palaganas Title: Contracting Officer

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

Typed Name: Tyrone Palaganas Title: Contracting Officer