KO_Signed_Final_J&A.pdf

Control No.: CECT-NWO-17-15

PR&C: W59XQG71282909

Justification Review Document for Other Than Full and Open Competition

Program/Equipment: Construction Concrete Entrance and Security Fence

Authority: FAR 6.302-5

Amount: $420,000

Prepared by:

Typed Name: Monica L. Dwyer Telephone Number: (402) 995-2726

Title: Date: Contract Specialist / 17 July 2017

E-mail: monica.l.dwyer@usace.army.mil

Contracting Officer:

Typed Name: Matthew D. Hibbert Telephone Number: (402) 995-2480

Date Reviewed: 17 July 2017

E-Mail: matthew.d.hibbert@usace.army.mil

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

Legal Counsel

Typed Name: Telephone Number:

Signature: ______________________ Date: ______________________

Special Competition Advocate

Typed Name: MAJ James T. Startzell Telephone Number: (402) 995-2002

Stacy K. Birkel 402-995-2596

19 July 2017 Stacy K. Birkel g6ddxjts Typewritten Text

31JUL17

Deputy for Small Business

Typed Name: Hubert J. Carter Jr. Telephone Number: (402) 995-2910

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY: U.S. Army Corps of Engineers, Omaha District, Contracting Division, Civil Branch (CECT-NWO-C).

2. DESCRIPTION OF ACTION: Approval is being requested for a sole source contract with JSR Construction, LLC located at 141 M Street, Lincoln, NE 68508-Cage Code 5W8S9. The requirement is located at the Missouri River Project Office. The estimated value of the contract is $420,000.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF

CONSTRUCTION: The purpose of this project is to construct and install a new concrete truck entrance off Pershing Drive to improve truck access, replace impacted sidewalk, replace two existing gates and install one new gate at the new entrance. Options will include: Concrete pavement of the parking area, security header on approximately 4,000 linear feet of security fence and replace the upper 60 feet of boat ramp. This project will use Operation and Maintenance (O&M) funds. The estimated contract duration is 180 days and the government estimate is $420,000.

4. AUTHORITY CITED: FAR Part 6.302-5 -- Authorized or Required by Statute;

6.302-5(b)(5) Sole Source awards under the HUBZone Act of 1997 – 15.U.S.C. 657a (see FAR Subpart 19.1306).

5. REASON FOR AUTHORITY CITED:

(a) BACKGROUND: In Fiscal Year (FY) 15, Contracting advertised this requirement as an Invitation for Bid (IFB) Small Business Set-Aside (W9128F-15-B-0017). One contractor submitted a bid, but could not provide a breakout of the major components or items of work, so the Contracting Officer could not determine the bid to be fair and reasonable and was unable to make the award. In FY 16, Contracting advertised the requirement again as an IFB, but under Full and Open Competition (W9128F-16-B- 0005). Only one bid was received and a contract was awarded, but it was terminated after the contractor was unable to provide bonds.

As part of the most recent market research activities, as discussed in more detail below, and as an invitation for an expression of interest, the Government contacted JSR Construction LLC, a Small Business HUBZone contractor, via e-mail on 21 June 2017.

The contractor responded that it was interested in providing a proposal for this project.

(b) AUTHORITY: FAR 19.1306(a) requires the contracting officer to consider a contract award to a HUBZone small business concern on a sole source basis before considering a small business set-aside, provided none of the exclusions at 19.1304 apply; and—

(1) The contracting officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns;

-As established in the Background and discussed further below, the contracting officer does not expect to receive offers from two or more HUBZone concerns.

(2) The anticipated price of the contract, including options, will not exceed (ii) $4 million for a requirement within all other non-manufacturing NAICS codes;

-The Government Estimate for the work is $420,000.

(3) The requirement is not currently being performed by an 8(a) participant under the provisions of Subpart 19.8 or has been accepted as a requirement by SBA under Subpart 19.8;

(4) The acquisition is greater than the simplified acquisition threshold (see Part 13);

-The simplified acquisition threshold is for the acquisitions of supplies or services that have an anticipated dollar value exceeding $3,500 and not exceeding $150,000.

(5) The HUBZone small business concern has been determined to be a responsible contractor with respect to performance;

-Determination of responsibility: IAW FAR 9.104-1, JSR Construction LLC has a current registration in System for Award Management, and is not listed on the Excluded Parties List System. They have adequate financial resources, technical skills, equipment and abilities, a satisfactory performance record, they are able to comply with the Government’s proposed delivery or performance schedule, and is qualified and eligible to receive an award under applicable laws and regulations.

(6) Award can be made at a fair and reasonable price.

-Pricing will be evaluated by comparing proposal to previously awarded contract (W9128F-16-C-0030) and bid received for W9128F-15-B-0017 mentioned in paragraph 5(a) to determine a fair and reasonable price.

6. EFFORTS TO OBTAIN COMPETITION: This is the third attempt to solicit and award this requirement. The contracting officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns in a competitive procurement.

7. ACTIONS TO INCREASE COMPETITION: Contracting will post a notice of intent to sole source on FedBizOpps. The government will consider all interested HUBZone contractors and determine if a change to the acquisition strategy is necessary.

Contracting will finalize the results and incorporate the information (as applicable) into this J&A prior to submitting for review and signature.

8. MARKET RESEARCH: FAR 10.002(b)(2)(i) Techniques for conducting market research may include contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. See items 5, 6, and 7 above.

9. INTERESTED SOURCES: Based on two years of solicitation and bidder history (see paragraph 5a), the KO does not feel that competition will exist.

10. OTHER FACTS: Considerable time and effort has gone into soliciting this requirement over the past two years. The government does not feel that advertising the requirement requesting competitive bids or proposals will result in additional competition.

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: David F. Sobczyk DATE: _________________________

TITLE: Project Office POC 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: David L. LaGrone DATE: _________________________

TITLE: Program Manager SIGNATURE: ___________________

Digitally signed by SOBCZYK.DAVID.F.1258994643 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SOBCZYK.DAVID.F.1258994643 Date: 2017.07.19 08:30:58 -05'00'

LAGRONE.DAVI

D.L.1231455198

Digitally signed by

LAGRONE.DAVID.L.1231455198

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LAGRONE.DAVID.L.1231455198 Date: 2017.07.19 08:49:04 -05'00'

13. FAIR AND REASONABLE COST DETERMINATION:

"I hereby determine that the anticipated cost for these contract actions will be fair and reasonable. A thorough cost and price analysis will be performed prior to negotiations, and the negotiated price will be compared and related to an independent government estimate prior to acceptance.”

NAME: Matthew D. Hibbert DATE: _________________________

TITLE: Contracting Officer SIGNATURE: _________________

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this J&A is accurate and complete to the best of my knowledge and belief.

NAME: Matthew D. Hibbert DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Missouri River Project Office Access Control, Fence and Turning Lane project on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(5) subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

NAME: Matthew D. Hibbert DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________