A5.1_J A.PDF

Control No. SWF 16-05

For Official Use Only

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

Department of Army US Army Corps of Engineers Fort Worth District, Contracting Division Fort Worth, Texas 76102

2. Description of Action: This action is for a firm-fixed-price contract to Tepa EC, LLC.

(Tepa) of Colorado Springs, CO, to lease two pre-fabricated buildings supporting the Wounded Warrior Program at Camp Pendleton, CA for 180 days.

3. Description of Supplies/Services: Two pre-fabricated buildings located at Camp Pendleton, CA, have been under lease from Tepa with contract W9126G-09-C-0087 since 30 Sep 09. The lease expires on 31 Jan 16. The need for the buildings still exists. The customer, The US Naval Hospital, Camp Pendleton is planning on purchasing the buildings, however does not yet have the approvals required to proceed with the purchase. This lease of the existing buildings for 180 days will fulfil the customer’s need while they arrange for purchase of the buildings.

4. Authority Cited: The statutory authority permitting other than full and open competition for a sole source commercial contract to Tepa is contained in 10 U.S.C. 2304 (c)(1), as implemented by FAR 6.302-1 and DFARS 206.302.1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: This lease is a follow-on contract for continued lease of buildings that were delivered and installed on Camp Pendleton under contract W9126G-09-C- 0087. Since significant cost has been invested in the buildings themselves and installation of the buildings, and additional costs for dismantling of the buildings would be required if another source for leasing similar buildings is used, substantial duplication of cost to the Government that is not expected to be recovered through competition would occur if the existing buildings are not leased. In addition, the dismantling of the existing buildings and installation of new buildings would cause an unacceptable delay for the customer. The use of this authority is appropriate in accordance with FAR 6.302-1(b)(1)(iii): “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is 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

Based upon the facts applicable to this acquisition, the use of other than full and open competition is justified.

6. Efforts to Obtain Competition: Not applicable. Due to the substantial duplication of costs, the unacceptable delay, and the plan to purchase the buildings within the next 180 days, obtaining competition is not reasonable. However, in accordance with FAR 5.203(a), we will transmit a notice of proposed contract action to the GPE prior to issuance of the solicitation.

Since the requirement is acquisition of a commercial item, the notice will be published fewer than 15 days before issuance of the solicitation. Since the current lease expires 31 Jan 16, the plan is to issue the solicitation four days after the notice is transmitted to the GPE.

7. Actions to Increase Competition: As required by DFARS PGI 206.302-1 a special notice was posted on FBO.gov and no responses were received. Since the buildings have already been delivered and installed and allowing competition for lease of similar would result in substantial duplication of costs, no additional actions have been taken to increase competition.

8. Market Research: Market research was not conducted as competing the requirement is not in the best interest of the Government due to substantial duplication of cost to the Government that is not expected to be recovered through competition, and the unacceptable delay that the dismantling of the existing buildings and installation of new buildings would cause.

9. Interested Sources: Not applicable.

10. Other Facts: None.

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.”

Name:

Title:

Date: __________________ 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.”

Name:

Title: Program Manager m2pmeklf Typewritten Text Keith Flossman m2pmeklf Typewritten Text 1/25/2016

M2CT9AMH

Typewritten Text

M2CT9AMH

Typewritten Text Erin Celone

M2CT9AMH

Typewritten Text Industrial Engineer

M2CT9AMH

Typewritten Text

M2CT9AMH

25 January 2016

13. Fair and Reasonable Cost Determination: “I hereby determine that the anticipated cost for this contract action will be fair and reasonable. Cost and price analysis techniques will be used as the basis for this determination. The estimated cost does not meet the threshold for certified cost or pricing data.”

Name: Linda D. Eadie Title: Contracting Officer

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

Name: Linda D. Eadie Title: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the lease of two pre-fabricated buildings supporting the Wounded Warrior Program at Camp Pendleton, CA for 180 days on an other than full and open competition basis pursuant to the authority of 10 U.S. Code 2304 - Contracts:

competition requirements, subject to availability of funds, and provided the services and property herein described have otherwise been authorized for acquisition.

M2CTPLDE

25-Jan-2016