REDACTED WV041 Limiting Competition Under SAT ACC 20-Q-5328.pdf

Control No: XXXXX

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition

Threshold

1. Contracting Activity: Army Contracting Command – New Jersey

2. Description of Action: Nature: [X] New Requirement Follow-on Requirement

Contract Vehicle:

[X] Purchase Order Number W15QKN-20-Q-5328

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA _______ against FSS Contract _____ _________

Order ___________ against Multiple Award IDIQ Contract Name or

Order _______ against a single award IDC Contract ____________________

Modification _______ to existing PO/TO/DO/Call Order ________________

Pricing/Contract Type: [X] Fixed Price Time and Materials/Labor Hours

Cost Reimbursable Hybrid

Funds: [X] Operations and Maintenance, Army (OMA) Other Funds: ________

FY: 2020

Name of Proposed Contractor(s) and Address:

Moore, Christian dba

Custom Construction

103 Sweitzer Road

Acme, PA 15610-1205

Brand Name Buy: Yes [X] No

3. Description of Services or Supplies: The 99th Readiness Division (RD), on behalf of the

336 Engineer Company (EN CO), has an emergency low magnitude, urgent construction project to Repair a Ruptured Water Line at the PFC Anthony F. Eafrati United States Armed

Forces Reserve Center (USARC), 100 Front Street in Weirton, WV 26062-4221 (WV041).

Period of Performance: 30 Calendar Days from Verbal Authorization (Notice to Proceed)

Total Value: $14,643.52, Not-to-Exceed (NTE)

4. Authority:

[X] FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name

FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name

FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The 99th RD, on behalf of the 336 EN CO, has an emergency low magnitude, urgent construction project to Repair a Ruptured Water Line at the PFC Anthony F. Eafrati USARC in

Weirton, WV. The 336 EN CO tenants are currently without water at the PFC Anthony F.

Eafrati USARC. Due to a ruptured water line leaking into the facility’s parking lot and the parking of nearby Weirton High School, water had to be shut-off at the facility on 15 Jun 2020 and remains as such to date.

Since the outbreak of the Novel Coronavirus (COVID-19) Pandemic within the United States, health advisors have provided and enacted recommended hand hygiene (i.e. hand washing) to help prevent against the transfer and spread of COVID-19 between humans. To date, current residents of the PFC Anthony F. Eafrati USARC include two full-time staff members and 12

Soldiers on Active Duty Operational Status orders. Without running water in the PFC Anthony

F. Eafrati USARC, the residents are unable to perform proper hand hygiene and unable to adhere to health advisor recommended hand hygiene.

This emergency repair cannot be accomplished via Government Purchase Card procurement.

There is no alternative solution to this matter other than emergency repair of the ruptured water line. Without repair of this ruptured water line at the PFC Anthony F. Eafrati USARC, the health and safety of employees and Soldiers is jeopardized and the risk of transfer and spread of the

COVID-19 increased. Additionally, without repair of this water line, the PFC Anthony F. Eafrati

USARC has no water for showers, evacuating restroom urinals and toilets or cleaning of the facility.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the dollar threshold, apply and will be followed, or do not apply due to an exception at

5.202(a)(13).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR

16.505(a)(4)(iii)(A):

[X] Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K.

It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research: Due to the urgency and emergency of this action, minimal market research was performed as this action will utilize procedures set forth at FAR 13.106-

1(b)(1), soliciting from a single source under urgency. The 99th RD Regional Facility

Operations Specialist (RFOS) was only able to identify one available source within the geographic area capable and interested in performing this emergency project. The RFOS contacted this single source, Custom Construction, who confirmed interest and capability in completing this emergency requirement. Review of Custom Constructions by the

Government, determined that Custom Constructions has the expertise, the specialized equipment readily available, fully operational and on-hand, to be immediately used to perform the above low-magnitude emergency construction repair in accordance with the

Specification of Work.

8. Other Facts: A Verbal Authorization to commence emergency repair work was issued to

Custom Construction by the Contracting Officer on 25 Jun 2020 at the NTE total price of

$14,643.52.

9. 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.

6/25/2020

X Randy Baker

RANDY BAKER

RFOS, 99th RD Signed by: BAKER.RANDY.A.JR.1040264864

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis conducted in accordance with

FAR 13.106-3(a)(vi), comparison of proposed pricing to the Independent Government

Estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the

Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

6/25/2020

X ANTHONY R. PAVESE

ANTHONY R. PAVESE

Contracting Officer, ACC-NJ-WSD Signed by: PAVESE.ANTHONY.R.1460041887