W911SD19P0055_Indian_Eyes_JA_Heater_Rental_redacted_copy.pdf

Control No:

Contractor Indian Eyes:

Program/Equipment: Rental of portable heaters

Version – March 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

W911SD19P0055

Program/Equipment: The US Army Garrison (USAG) West Point, Directorate of Public Works has a priority requirement to provide heating for Building # 727, Crandall Pool in support for the United States Corps of Cadets.

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: $17,705.00

Prepared by: REDACTED DSN: 688-xxxx Contract Specialist Date: 27 FEB 2019 Email: redacted

Contracting Officer: KYMBERLY Y. AVILES DSN: 688-5861 Division Chief- Installation

Mission and Installation Contracting Command MICC-West Point

Email:kymberly.y.aviles.civ@mail.mil Date: 27 FEB 2019

Technical: REDACTED DSN: 688-xxxx Chief, CCSB, USAG-WP DPW Date: 27 FEB 2019

Requirements: REDACTED DSN: 688-xxxx

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name: REDACTED DSN: 688-XXXX

Signature:

X Right-Click "Signature Setup"

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command-West Point, 681 Hardee Place, West Point, New York 10996-1514

2. Description of Action: The Directorate of Public Works, West Point requests a Firm- Fixed- Price contract with Indian Eyes, 2815 Saint Andrews Loop STE B, Pasco, WA 99301-9585

The Government projects award for January 2019 and fiscal year 2019, Operations and Maintenance funds will be used.

3. Description of Supplies/Services: This requirement is to provide for rental of 2 Diesel powered portable heaters (750,000 BTU and 1 Million BTU) for Building # 727 the Crandall Pool, on an emergency basis.

Period of Performance: 18 January 2019 to 18 February 2019.

Total Value: $17,705.00

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: On 18 January 2019, the heater in Building #727, Crandall Pool, became inoperative and it required an emergency procurement to establish heat to the building to protect the infrastructure and to allow the 4,400 members and staff of United States Corps of Cadets of the United States Military Academy to continue with their training. This service must be procured as the Directorate of Public Works is unable to provide necessary repairs. It is winter and the outside air temperatures were well below freezing. The lack of heat will cause water pipes to break and create damage to the facility. The emergency procurement was required immediately and without time for competition to occur. A thirty day procurement will allow MICC- West Point to seek a competitive solution for additional heater resources while a permanent repair is expected to be completed in May 2019.

(a) 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. Indian Eyes LLC has provided heating type equipment in the past and was the only company capable of providing the required equipment in the short notice required.

(b) Alternatives: There were no viable alternatives present in this matter on 18 January.

Indian Eyes is a known small business source that has previously demonstrated a capability

Program/Equipment: Rental of portable heaters

Version – March 2018 FOR OFFICIAL USE ONLY to respond on short notice. Heat is an imperative action and timing was critical. A competed award W911SD-19-P-0078 was issued as a follow on to this sole source action.

(c) This J&A is prepared after the fact to document a sole source action. Had the work not been completed, there would have secondary effects with losses in heating, loss of training and damage to the facility. This work was not realistically available for competition. Failure to approve the J&A is not an option.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

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

b. Subcontracting Competition: Subcontracting competition will be achieved by procuring the heaters from a secondary source i.e. a subcontractor. It is unknown as to how much competition will be achieved.

7. Actions to Increase Competition: For the follow on award W911SD-19-P-0078, a fully competed solicitation was issued. The immediate award is only issued for a limited period of time, only 1 month and that was sufficient to achieve a competed award that will last thru the month of May.

8. Market Research: There was limited market research performed as this was a priority requirement and previous experience has shown that there is a limited market and very little time to get the heaters in place prior to the weekend. Indian Eyes LLC is a known entity that has a history of like procurements.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a Sole Source Sources Sought Notice was posted to Federal Business Opportunities (fbo.gov) on1 February 2019 for 5 days (1-6 Feb) and the results were that one company had expressed an interest in this procurement. Global Data Products.com (Cage code 78LQ2) responded and they indicated that they would be interested to compete for the follow on solicitation W911SD-19-R-0061.

9. Interested Sources: See above in Market Research for responses. To date, no other sources have written to express interest in the acquisition.

10. Other Facts: This is the first occurrence of a requirement for heaters at building #727 for heaters.

Program/Equipment: Rental of portable heaters

Version – March 2018 FOR OFFICIAL USE ONLY

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.

Typed Name: REDACTED Date:

Title: Chief CCSB Branch Directorate of Public Works USAG West Point, NY

Signature:

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.

Typed Name: REDACTED Date:

Title: Chief CCSB Branch Directorate of Public Works USAG West Point, NY

Signature:

Program/Equipment: Rental of portable heaters

Version – March 2018 FOR OFFICIAL USE ONLY

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.

Redacted…

This determination will be made using the following: ☐ cost analysis ☒ price analysis

☐ should cost ☐ IGCE ☐ audit: ☒ other: cost comparison to published prices

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

☐ will be required.

☒ 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).

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

Typed Name: KYMBERLY Y. AVILES Date:

Title: Division Chief- Installation Mission and Installation Contracting Command MICC-West Point 681 Hardee Pl.

West Point, NY 10996

Signature:

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

Typed Name: KYMBERLY Y. AVILES Date:

Title: Division Chief- Installation Mission and Installation Contracting Command

Program/Equipment: Rental of portable heaters

Version – March 2018 FOR OFFICIAL USE ONLY

MICC-West Point 681 Hardee Pl.

West Point, NY 10996

Signature: