POA_15-03_JA_Expand_FES_Capacity_FES)_Redacted.pdf

Control No. POA15-03

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

3 March 2015

1. CONTRACTING AGENCY: U.S. Army Engineer District, Alaska, Contracting Division, Post Office Box 6898, Joint Base Elmendorf-Richardson (JBER), Alaska 99506-0898.

2. DESCRIPTION OF ACTION: This Justification and Approval (J&A) for Other than Full and Open Competition is to increase the contract capacity of existing Small Business HTRW Architect- Engineer (AE) IDIQ contract W911KB-12-D-0001 by $600,000.00. The performance period of the contract will remain unchanged.

3. DESCRIPTION OF SERVICES: The Alaska District (POA) awarded an Indefinite Delivery/Indefinite Quantity Architect-Engineer Contract for HTRW (IDIQ) single award contract for environmental AE services in FY12. The type of environmental requirements executed includes investigations, studies, and remedial designs for cleanup of hazardous, toxic, and radiological wastes. A total of thirty-four (34) task orders have been awarded to date utilizing $7,166,486 of contract capacity. Two years still remain in the performance period of the contract.

4. AUTHORITY CITED: Other than Full and Open Competition is authorized pursuant to 10 U.S.

2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source.

5. REASON FOR AUTHORITY CITED:

a. Background: Contract W911KB-12-D-0001 is a small business HTRW AE SATOC awarded to Fairbanks Environmental Services (FES) on 9 February 2012. The contract was awarded with a total capacity of $7.5 Million and a performance period of five (5) years. Contract usage anticipated at the time of solicitation and award was approximately $1.5M per year however actual usage has been approximately 50% higher at $2.3M per year such that $7,166,486 of the total $7.5 Million in capacity ($333,514 remaining) has been expended in first three years of the contract.

b. Justification: Task Order 0033 under contract W911KB-12-D-0001 is for Environmental Investigations, Operations and Monitoring at Various Sites on Fort Wainwright, Alaska and was awarded in May 2014. The task order contains options for continued monitoring, operations and reporting for 2015-2016 and 2016-2017. The current monitoring activities will be complete on 30 June 2015 and in order to meet our customer’s regulatory requirements, the Government will need to exercise Option CLIN 0002 for an additional year of monitoring, operation and reporting on the Fort Wainwright sites starting 1 July 2015. Option CLIN 0002 is in the amount of $871,547 and cannot be exercised without additional contract capacity. This capacity increase would accommodate the exercise of Option CLIN 0002 on task order 0033 as well as smaller incidental modification on other open task orders.

c. Impact: Our customer will be subject to EPA and ADEC regulatory action if the option on Task Order 0033 is not exercised and monitoring and operations activities were interrupted.

d. Alternatives: A new contract action for 2015 Investigations, Operations and Monitoring on Fort Wainwright, Alaska would be the primary alternative. A new stand alone AE contract could not be put in place by June 2015 based on the time required to procure a Brooks Act acquisition. A task order on a different HTRW AE contract is possible but the current contractor is mobilized and familiar with the work so a separate task order would not be as cost effective or as timely as exercising the Task Order 0033 option. Although the Government is preparing new Small Business

Control No. POA15-03

HTRW AE contracts to replace the FES contract, the new contracts are not scheduled to be awarded until at least August 2015.

6. EFFORTS TO OBTAIN COMPETITION: POA is in the process of establishing replacement Small Business HTRW AE IDIQ contracts which will be procured in accordance with the Brooks Act as outlined in paragraphs 7 and 8 below.

7. ACTIONS TO INCREASE COMPETITION: POA will replace the existing $7.5M HTRW AE Small Business SATOC held by FES with two (2) Small Business HTRW AE contracts each with capacity of $5M. Fair opportunity will be afforded each contract holder on future task orders issued under the new contracts.

8. MARKET SURVEY: Market research for the new Small Business HTRW AE IDIQ contracts was accomplished via a sources sought notice in November 2014. Based on the interested firms that responded to the sources sought notice, to include the current contract holder FES, the new Small Business HTRW AE IDIQ’s has been solicited as total small business set-asides.

9. INTERESTED SOURCES: All interested sources will have an opportunity to submit a proposal for the new HTRW AE IDIQ contracts.

10. OTHER FACTORS:

a. Procurement History of Original Contract:

(1) Contract number: W911KB-12-D-0001, dated 9 February 2012.

(2) Type of Action: Brooks Act Acquisition

(3) Authority: FAR Part 36

(4) J&A: NA

(5) The prior award of W911KB-12-D-0001 was a procured as a total small business set-aside.

(6) No unusual patterns have been revealed by the history of this procurement.

(7) Previous justification: No previous justification was required.

b. Acquisition Data Availability: Not applicable.

c. Unusual and Compelling Urgency: Not applicable.

d. Subcontracting Competition: Subcontracting opportunities exist under the current contract W911KB-12-D-0001 and are established through competition to the greatest extent possible.