JA Power Program PM Support signed.pdf

Control Number: 20-0004

U.S. Army Corps of Engineers Justification and Approval Other Than Full and Open Competition

1. Contracting Agency:

U.S. Army Corps of Engineers (USACE) Philadelphia District (CENAP) Wanamaker Building 100 Penn Square East Philadelphia, PA 19107-3390

2. Description of the Action:

Approval is being sought to exercise Federal Acquisition Regulation (FAR) Clause 52.217-8, entitled, “Option to Extend Services” on contract number W912BU-15-P-0098, for CENAP Power Program Project Manager (PM) Support services. The Power Program PM Support services contract was awarded to MSS Services, Inc. on a sole source basis on 15 August 2015. MSS Services, Inc. is an 8(a) firm. The contract is a Firm Fixed Price (FFP) contract and is funded with current fiscal year Operation and Maintenance, Army (OMA) funds. The ordering period for this contract is 15 August 2015 to 8 February 2020 consisting of one (1) six (6) month base period with eight (8) six (6) month option periods. The total contract ordering period is five (5) years including the FAR Clause 52.217-8, “Option to Extend Services”.

This action will ensure uninterrupted critical support services under the Power Program PM Support contract during the procurement of a requirement similar in scope. The current milestone schedule for the Power Program PM Support contract indicates an August 2020 award which necessitates the establishment of a contract vehicle to bridge from February 2020 through August 2020 to ensure uninterrupted services. The ordering period for FAR Clause 52.217-8, “Option to Extend Services” will extend the contract for six (6) months from 9 February 2020 to 8 August 2020 at rate not to exceed $111,000.00.

The proposed action is for a modification to contract: W912BU-15-P-0098 to provide Power Program PM Support services for the U.S. Army Corps of Engineers, Philadelphia District in support of U.S. military overseas contingency operations requirements.

3. Description of Supplies/Services:

The CENAP Power Program is a diverse program that supports power requirements of the Department of Defense and other government customers, primarily within the U.S. Central Command (CENTCOM) and U.S. Indo-Pacific Command (USINDOPACOM) Areas of Responsibility (AOR). Typical projects include power generation, distribution, and transmission.

CENAP typically provides Project Management, Contracting and Engineering services for the Power Program. Management of the construction and service contracts are typically done by the

249th Engineer Battalion (Prime Power), the customer, and/or the geographic U.S. Army Corps District. Historically, CENAP has issued contracts between $30M and $500M annually. NAP utilizes contractor Project Management Support because of limited resources and uncertain workload, which may not sustain a permanent Government position.

The contract requires services to support the CENAP Power Program with Project Management Support to include:

a. Assist and provide recommendations to the primary Project Manager with the following tasks:

drafting, coordination and review of Project Management Plans (PMP’s) ensuring customer and Engineering validate scopes of work analyzing and making recommendations to the lead PM on applicability of incoming projects to the Power Program and appropriate contract vehicle making initial determination of compliance with funding regulations ensuring all documentation is completed to get the projects through the procurement process ensuring all team members’ comments are addressed and customer and contractor RFI’s are answered coordinating the division of duties between the customer Contracting Officer’s Technical Representative (COTR) and the geographic district administrative Contracting Officer’s Representative (COR)

b. Manage Power Team Inbox System, RAM Spreadsheet and NAP Comment Tracker, which includes updating status, managing correspondence, attending and briefing status at weekly PDT and customer meetings, and tracking actions to completion.

c. Make revisions to Program Management Plan (PgMP) based on NAD QA visit comments or other reviews.

d. Perform cost benefit analyses for power generation projects (versus existing conditions).

e. Provide support for briefings.

4. Authority Cited:

10 U.S.C. 2304(d)(B), as implemented by FAR 6.302-1(a)(2)(iii)(A) and (B), Only One Responsible Source and no other services will satisfy agency requirements.

5. Reason for Authority Cited:

a. Background.

Contract: W912BU-15-P-0098 was awarded on a sole source basis under the 8(a) Program (15 U.S.C. 637) to MSS Services, Inc. The FAR Clause 52.217-8, “Option to Extend Services” was included within the base contract; however, it was not priced or evaluated at the time of the base contract award. MSS Services, Inc. has subsequently graduated from the 8(a) Program.

b. Justification.

The exception to competition cited above is appropriate because CENAP’s Power Program primarily supports the U.S. military in active military operations (e.g. Operation Enduring Freedom and Operation Inherent Resolve), in which uninterrupted contractor performance is critical to mission execution and warfighter support, because a break in service may directly result in a delay to power project execution or indirectly result in a loss of power in critical facilities within the CENTCOM and INDOPACOM AORs. The Power Program PM Support contractor services indirectly affect the life, health, safety, and security of military and civilian personnel. The time required to phase-in, transition, train, and establish a new contractor would result in unacceptable delays in fulfilling the agency’s requirements.

CENAP estimates that the time required to phase-in a new contractor including tasks such as obtaining a Common Access Card (CAC), USACE computer and systems access, CENAP building access, and Government Furnished Property would minimally take one (1) month. Additionally, alternatives to satisfy the requirement for uninterrupted contractor performance are expected to result in substantial duplication of cost to the Government that is not expected to be recovered through competition. While a new contract may yield similar rates for a Senior Project Manager, the cost to procure a new contract is estimated at $20,000 in Government labor costs, which would be additional costs borne by the Government for the six-month option period.

c. Alternatives.

The alternatives considered were to issue a sole source contract to a new 8(a) firm or to compete the requirement either among small businesses or unrestricted based on the results of market research; however, neither of these alternatives are acceptable because of the delays in fulfilling the agency’s requirements as described above.

d. Impact.

The Power Program PM Support services are required to provide uninterrupted support for mission requirements on a global capacity. There can be no lapse in service when the current contract expires on 8 February 2020. If the FAR Clause 52.217-8, “Option to Extend Services” is not approved and exercised, projects may not be awarded timely and the lives of U.S. military and civilian personnel will be placed at risk in their performance of overseas contingency operations.

6. Efforts to Obtain Competition:

Contract: W912BU-15-P-0098 was awarded on a sole source basis under the 8(a) Program (15 U.S.C. 637). A notice of intent to sole source will not be posted in accordance with the exception prescribed in FAR 5.202(a)(4).

7. Actions to Increase Competition:

In accordance with FAR 19.815(a), “Once a requirement has been accepted by Small Business Administration (SBA) into the 8(a) program, any follow-on requirements shall remain in the 8(a) program unless there is a mandatory source (see 8.002 or 8.003) or SBA agrees to release the requirement from the 8(a) program in accordance with 13 CFR 124.504(d).” Therefore, there are currently no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research:

Market research was not conducted because contract: W912BU-15-P-0098 was awarded on a sole source basis under the 8(a) Program (15 U.S.C. 637).

9. Interested Sources:

MSS Services, Inc. is the only known source capable of providing the service within the required timeframe. This requirement was not synopsized pursuant to the exception in FAR 5.202(a)(4).

10. Other Factors:

The FAR Clause 52.217-8 was included in both the solicitation and the current contract. At the time the contract was awarded, the awardee had supplied a bid schedule that was incorporated into the respective contract award document to bind the base and option periods pricing that was mutually agreed upon by the appropriate parties in order to establish rates for the contract.

Pursuant to AFARS 5117.206, in awarding [a] basic contract, if a contracting officer determines that the Government is reasonably likely to exercise the option at FAR 52.217-8, Option to Extend Services, the contracting officer shall evaluate the price of the option as part of the source selection. The solicitation shall include the basis for evaluating the option price (see FAR 17.203(b)).

If the contracting officer does not evaluate the option at FAR 52.217-8 at the time of award, but later decides to exercise the option, the contracting officer shall prepare a justification and approval (J&A) in accordance with FAR 6.303 prior to exercising the option (see FAR 17.207(f)).

A six (6) month extension of the contract via the 52.217-8 clause was not evaluated as part of the initial competition and not priced at time of award. Accordingly, a J&A is required in order to extend the ordering period by six months, as permitted by FAR 52.217-8.

11. Technical Certification

12. Requirements Certification

13. Fair and Reasonable Price Determination

14. Contracting Officer Certification

PARKS.RYAN.SCOTT.1041151729

Date: 2020.02.06 13:49:40 -05'00' TT.1041151729

PARKS.RYAN.SCO Digitally signed byDate: 6 February 2020 Signature:

Name: Ryan Parks Title: Project Manager

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.

OTT.1041151729 Date: 2020.02.06 13:50:14 -05'00' Signature: Title: Project Manager

Digitally signed by

PARKS.RYAN.SCOTT.1041151729

PARKS.RYAN.SC Date: 6 February 2020 Name: Ryan Parks

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.

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 will apply.

Name: Date:

Title: Signature:

I certify that this justification is accurate and complete to the best of my knowledge and belief:

Name: Date:

Title: Signature: Contracting Officer

Contracting Officer

7 Feb 2020

7 Feb 2020Jamaal Edwards

Jamaal Edwards

Approval Signature Block

Based on the foregoing justification, I hereby approve the procurement of Power Program PM Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(d)(B), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: Signature:

Jamaal A. Edwards Contracting Officer US Army Corps of Engineers, Philadelphia District

7 Feb 2020