JAFORFBO.pdf

Control # CECT-NWO-15-13

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Omaha District, Contracting

Division (CECT-NWO-M)

2. DESCRIPTION OF ACTION: Approval is being requested for a modification to A-E IDIQ contract, W9128F-10-D-0067. The contract expires on 14 July 2015 and it is anticipated that replacement contracts will be required. Replacement contracts are currently being worked, however will not be awarded prior to expiration of the current contract.

The contract clause, FAR 52.217-9, Option to Extend the Term of the Contract requires correction to allow the Contracting Officer to unilaterally exercise this option to extend the contract by 6 months from 14 July 2015 to 14 January 2016.

It is requested that FAR Clause 52.217-9 (c) be corrected so that the total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The A-E contract is for design and evaluation services for railroads and roadways worldwide as assigned by the Transportation Systems Mandatory Center, CENWO-ED-TX, Omaha District and

U.S. Army Corps of Engineers. Services include design of railroads, roadway pavements, bridges, and specialized railroad support facilities; inspection and maintenance recommendations for railroad tracks and bridges; field and laboratory testing of existing railroad/pavement, subgrades; roadway inspections and PAVER PMS for roadways; site investigations, studies, inspections, load ratings, concept design, and construction phase services; specialized consulting services, development/update of transportation systems engineering criteria.

4. AUTHORITY CITED: "10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 and

DFARS 206.302-1 Only One Responsible Source ".

5. REASON FOR AUTHORITY CITED:

Services are available from the original source to provide highly specialized services and mitigate the risk in fulfilling unacceptable delays to the agency’s requirements.

Upon contract review, it was found that the FAR Clause 52.217-9, Option to Extend the Term of the Contract inadvertently did not allow an additional 6 month extension for the Contracting

Officer to unilaterally extend the above referenced contract.

If this J&A is not approved, there will be a large gap between this contract and the replacement contracts. This will impact USACE, Omaha District Transportation Systems Mandatory Center, and customers whom rely on the specialized services of HDR Engineering to perform design and evaluation services for railroads and roadways worldwide.

6. EFFORTS TO OBTAIN COMPETITION:

Based on information in paragraph 5, above, competition for this action is not feasible. The J&A is for a contract modification correction to extend the period of performance 6 months while replacement contracts are being sought.

7. ACTIONS TO INCREASE COMPETITION: The requiring activity is currently preparing specifications that will be adequate for full and open competition on a follow-on requirement anticipated for execution during FY15. Market research will be performed for the follow-on requirement to identify all potential sources.

8. MARKET RESEARCH: Sources Sought Notice was posted on Sept 18, 2014 for the replacement contract. Responses were received on Sept 29, 2014. There were two (2) responses to the Notice. The two responses were reviewed by the Technical Team. Market Research concluded that there are not a sufficient number of small businesses that can provide the specialized services required by USACE customers. When the replacement contract is solicited, it will be solicited unrestricted – full and open competition.

9. INTERESTED SOURCES: To date, no other sources have expressed an interest in writing however, all offers received shall be considered.