G50_-_J&A_Control_No_NAB-17-25_-_FINAL.pdf

JUSTIFICATION & APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Harpers Ferry Dorm and Conference Center, Harpers Ferry, WV Contract No. W912DR-14-D-0023-0004

Control #__________

CONTROL NO._____________

PROJECT/EQUIPMENT:

AUTHORITY:

NAME (Type or Print) TELEPHONE NO

Prepared By:

TITLE DATE

NAME (Type or Print) TELEPHONE NO Contracting Officer

TITLE DATE

NAME (Type or Print) TELEPHONE NO Technical

TITLE DATE

NAME (Type or Print) TELEPHONE NO Requirements

TITLE DATE

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this J&A and find the justification adequate to support other than full and open competition NAME (Type or Print) DATE

Deputy for Small Business

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE Project Manager

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE Office of Counsel

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE DCC/CCC Contracting Chief

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE Competition Advocate

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE Regional Deputy Small Business Director

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE PARC Counsel

SIGNATURE TELEPHONE NO

NAME (Type or Print) DATE

PARC

SIGNATURE TELEPHONE NO

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

Elizabeth Hoefer

410-962-8123

Tamika Gray 26 April 2017

410-962-2587

HOEFER.ELIZABETH.A

.1099396861

Digitally signed by HOEFER.ELIZABETH.A.1099396861 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HOEFER.ELIZABETH.A.1099396861 Date: 2017.04.26 15:17:33 -04'00'

GRAY.TAMIKA.S.1390814565

Digitally signed by GRAY.TAMIKA.S.1390814565 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GRAY.TAMIKA.S.1390814565 Date: 2017.04.26 15:50:44 -04'00'

CONNIFF.DAWN.E

LLEN.1037843799

Digitally signed by

CONNIFF.DAWN.ELLEN.1037843799

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CONNIFF.DAWN.ELLEN.1037843799 Date: 2017.04.27 08:20:15 -04'00'

410-962-4546

27 April 2017

MORGAN.BRAD.ALAN.1

107832706

Digitally signed by MORGAN.BRAD.ALAN.1107832706 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MORGAN.BRAD.ALAN.1107832706 Date: 2017.04.27 14:54:13 -04'00'

WOOD.ROBERT.A.104211

Digitally signed by WOOD.ROBERT.A.1042117281 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WOOD.ROBERT.A.1042117281 Date: 2017.05.09 11:41:46 -04'00'

Control # NAB-17-25

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

AFARS 5153.303-5

1. Contracting Activity:

The contracting organization responsible for this action is the U.S. Army Corps of Engineer (USACE), Baltimore District, Large Contracts Division (Construction Branch).

2. Description of Action:

The U.S. Army Corps of Engineer (USACE), Baltimore District Contracting Office is requesting approval to process a modification to the current Firm-Fixed Price (FFP) task order W912DR-14-D-0023- 0004, Harpers Ferry Dorm and Conference Center Project located in Harpers Ferry, WV to include payment of temporary trailer electrical utility services. The current task order was awarded on 3-Mar- 2017 to Herman JCG CO JV. This proposed sole source acquisition requires the contactor to be responsible for all temporary trailer electrical utility service costs through a FFP negotiated modification.

The resulting modification has an estimated value of $10,000.00 and will use OMA funds.

3. Description of Supply/Services:

The work performed under this modification states that the contractor shall be responsible for the payment of monthly electric bills for the electrical utility service provided to the on-site construction field office trailer. This monthly payment shall be provided for a period not to exceed 180 days from Notice-to-Proceed.

The current task order contract includes payment for utilities but does not include electrical utilities. This current task order and the proposed modification procurement is in support of a USACE contract for Customs and Border Patrol.

4. Authority:

10 U.S.C. 2304(c) (1) and, 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:

FAR 6.302-1(a)(2)(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when 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. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)(2).)

This procurement is for an “out of scope” modification to the above referenced task order which was awarded on 3-Mar-17. The statutory authority cited is necessary and, as a delay of this modification would result in serious injury, financial or other, to the government. Due to the nature of the requirement and considering the presence of the contractor on site, it was determined to be in the best interest of the government to modify the existing task order to include the utility services provided that all awardees were given a fair opportunity to be considered for the original task order. The original task order W912DR-14-D-0023-0004, was awarded allowing a fair opportunity for all of the MATOC pool to be considered. Herman JCG CO JV was selected for proposing the best value to the Government.

Background: Prior to award, paying for electrical power to the USACE on-site trailer was considered for inclusion in the IDIQ task order scope of work. Discussions with the Program Manager for Department of Homeland Security, lead the project development team to understand that no further payments would be needed for electric power on-site. It was known that Potomac Edison of West Virginia held a substantial credit on power at the construction work site.

After the award of the task order W912DR-14-D-0023-0004 it was discovered that, while a credit does exist, the credit is not applicable to the USACE on-site trailer. The Project Manager contacted representatives of Potomac Edison for an explanation of the current situation and whether or not the credit could be applied to the USACE trailer. There are three Potomac Edison meters which serve the construction site and on which separate bills are paid. The credit is on a different meter which serves the temporary power to the construction site generally. The service to the USACE trailer has no credit.

Accordingly, because it is no longer possible to use the credit to pay for the USACE on-site trailer, and because electrical power is still needed at the USACE on-site trailer, a modification to the existing task order would be required to add payment of all temporary trailer electrical utility services.

Justification: The modification to include payment of temporary trailer electrical utility services under task order W912DR-14-D-0023-0004 is vital to the Government and must be continued without interruption (see impact).

Alternative: An alternative for the Government would be to solicit the work potentially awarding the utility services to a different MATOC pool member. This alternative would not be beneficial to the Government as the cost and risks associated would result critical failure as discussed below.

Impact: Non-approval of the J&A would result in both the Government and Contractor personnel not having electrical service for their combined work area. The original task order was awarded with the stipulation that the contractor personnel would be able to work out of offices within the Government trailer. The notice to proceed (NTP) for the original task order has been issued, therefore the contractor is currently mobilizing on site to begin his work. Without electrical service for heating, air conditioning, computers, printers, or access to the Corps contract mandated computer software systems both the contractor and the Government will not be able to adequately perform their daily construction oversite requirements of the original task order. In addition, Customs and Border Protection has previously stated that there is no space within existing facilities which could be used in lieu of the existing onsite Government trailer. The original task order CLIN 0001 has a performance period of thirty (30) days from NTP. If the J&A is delayed or disapproved all base contract work will cease. This will result in additional damage being incurred to the partially constructed facilities which will require expenditures by the Government that will far exceed the cost of this change.

6. Efforts To Obtain Competition:

In accordance with FAR 5.202(a)(11), this task order modification is excluded from the requirement to synopsize as it will be made under terms of an existing contract that was previously synopsized in compliance with FAR 5.207. The Government utilized existing Indefinite Delivery Indefinite Quantity (IDIQ) contracts established for the Baltimore District to support the acquisition of construction services.

A Fair Opportunity Notice in the form of a request for proposal (RFP) was issued for the original task order within the existing IDIQ pool. Competition outside of the existing IDIQ contradicts the IDIQ’ s main purpose. However, a Notice of Intent to Sole Source listed under the task order number W912DR- 14-D-0023-0004 was posted on 28 March 2017 with a response date of 10 April 2017.

7. Actions to Increase Competition:

Based on the circumstances for the modification request to the current task order, increasing competition for this action is not feasible. There are no actions to increase competition for this modification, however, under normal circumstances, the Baltimore District advertises similar requirements through the Federal Business Opportunity website. In the past we have advertised sources sought synopsis. We have also marketed out work at industry-related conferences and Small Business Conferences.

8. Market Survey:

Market research was completed during the original solicitation of task order W912DR-14-D-0023-0004.

An opportunity notice was provided to all the MATOC Pool members that were issued IDIQs for construction services on the existing task order. The proposals were reviewed in addition to supplemental information provided and awarded to the contractor who provided the best value to the Government for completion of this specific project. The 180 day duration of the existing IDIQ task order has not yet expired. A re-issuance of an opportunity notice would result in a substantially similar response from the same pool of potential sources, therefore the Baltimore District Contracting Office has determined that modifying the existing task order to include the additional work would be in the best interest of the Government.

To reconfirm the findings of the market research efforts obtained during the original solicitation a Notice of Intent to Sole Source listed under the task order number W912DR-14-D-0023-0004 was posted on Federal Business Opportunities (FedBizOpps) on 28 March 2017. The posting closed on 10 April 2017 with no responses.

9. Interested Sources:

Not applicable; no other sources will be solicited however the following parties are in the same MATOC IDIQ pool as the task order awardee (Herman/ JCG Co JV):

a. Meltech Corporation, Inc.

b. Olgoonik Management Services, LLC

c. Arriba Corporation

10. Other Facts:

a. Procurement History:

The previous construction contract W912DR-14-C-0004 was procured as a Firm-Fixed Price competitively bid construction contract. There were thirteen (13) contractors who submitted bids for this work. The construction contract was awarded to the low bidder, McTech, Corporation, on November 13, 2013 for $51,784,000.00 with a construction duration of nine-hundred (900) calendar days. NTP was issued on December 23, 2013 making the required construction completion date June 10, 2016. Modifications were issued for an additional $1,854,881.00 with an additional fourteen (14) calendar days making the revised contract required completion date June 24, 2016. During construction it became apparent that the contractor could not complete his work by this date due to his own inefficiencies and various construction deficiencies. The end result was the issuance of a

Termination for Default on January 3, 2017. At this time construction was approximately 67% complete by pay requests. The incomplete buildings were not dried-in and would require protection from the harsh winter elements so as to preserve the work in place for a follow-on contractor to complete. The Harpers Ferry ATC Dorms and Conference Center Damage Containment Contract was solicited under a MATOC which resulted in the issuance of W912DR-14-D-0023 #0004 to Herman/JCG JV on March 3, 2017 for $486,441.00 with a contract duration of one-hundred eighty

(180) days. NTP was issued on March 14, 2017 making the required construction completion date September 10, 2017. Construction is ongoing as of the date of this document.

b. Acquisition data availability. Not applicable.

c. Unusual and compelling urgency. Not Applicable.

d. Subcontracting competition. Not applicable.

11. TECHNICAL CERTIFICATION: Include the following statement:

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: _____________________________ DATE: _________________________

TITLE: _____________________________ SIGNATURE: ___________________

12. REQUIREMENTS CERTIFICATION: Include the following statement:

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: _____________________________ DATE: _________________________

TITLE: _____________________________ SIGNATURE: ___________________

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."

An Independent Government Cost Estimate (IGCE) has been prepared and will be compared to the contractor’s proposal, in accordance with FAR 15.404-1, to ensure the contractor’s proposal is fair and reasonable. The IGCE Government cost estimate has been prepared based on market research and historical data from the original contract. Cost or Pricing Data is not required.

NAME: _____________________________ 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: _____________________________ DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

Jeff Brenneman

Civil Engineer

4/27/17

Dawn Conniff

Area Engr / PM

BRENNEMAN.

JEFFREY.DAVI

D.1229128449

Digitally signed by

BRENNEMAN.JEFFREY.DAVID.1229

128449 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRENNEMAN.JEFFREY.DAVID.1 229128449 Date: 2017.04.27 14:11:00 -04'00'

CONNIFF.DAWN.E

LLEN.1037843799

Digitally signed by

CONNIFF.DAWN.ELLEN.1037843799

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CONNIFF.DAWN.ELLEN.1037843799 Date: 2017.04.27 14:18:46 -04'00'

WADE.LAURA.ANN.

1038585165

Digitally signed by

WADE.LAURA.ANN.1038585165

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WADE.LAURA.ANN.1038585165 Date: 2017.04.27 14:43:54 -04'00'

WADE.LAURA.AN

N.1038585165

Digitally signed by

WADE.LAURA.ANN.1038585165

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WADE.LAURA.ANN.1038585165 Date: 2017.04.27 14:44:20 -04'00'

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of the Harpers Ferry Dorm and Conference Center Project on an other than full and open competition basis pursuant to the authority of 110 U.S.C. 2304(c)(2), 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.” subject to the availability of funds, and provided the services and property herein described (have/has) otherwise been authorized for acquisition.

NAME: _____________________________ DATE: _________________________

TITLE: _____________________________ SIGNATURE: ___________________

WADE.LAURA.AN

N.1038585165

Digitally signed by WADE.LAURA.ANN.1038585165 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WADE.LAURA.ANN.1038585165 Date: 2017.04.27 14:55:51 -04'00'