09-D-0050-P00012_JA_Redacted.pdf

NAU Control No. 14-007

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S. Army Corps of Engineers, Europe District, Contracting Office, CMR 410 Box 7, APO, AE 09049.

2. Description of Contract Action: Pursuant to FAR Clause 52.217-8, Option to Extend Services, approval is requested to extend the ordering period of Contract W912GB-09-D-0050, General Architect-Engineer (A-E) Services for Europe, by six (6) months from 31 August 2014 through 27 February 2015. The ordering period extension will be incorporated into the contract via Modification P00012. Contract W912GB-09-D-0050 currently expires on 30 August 2014 and has approximately $6,156,691.66 in remaining capacity.

Funding is not obligated at the contract level; however, task orders awarded under the contract are negotiated on a firm-fixed price (FFP) basis and individually funded with the appropriate funding type for the stated requirement.

The extension will have no effect on the contract’s maximum capacity of $12,000,000.00 and general scope of services.

An extension is required due to delays in the procurement of the follow-on contract for General A-E Services in Germany, Poland, and the Czech Republic, Solicitation W912GB-14-R-0027. Support by the incumbent contractor is required to provide continuity and contractual coverage for the District’s overall design effort in Europe through fiscal year end.

3. Description of Supplies / Services or Nature of Construction: As aforementioned, the ordering period extension shall be executed at no cost, as funding is not obligated at the contract level. All costs will be negotiated and funded at the individual task order level.

Task orders shall conform to the following general scope of services, in accordance with Section C, Statement of Work, of Contract W912GB-09-D-0050:

Multi-disciplined A-E services are required for the design of various U.S. military buildings, structures, and facilities in Europe. Design work involves but is not limited to major and minor new construction, and alteration, repair, or rehabilitation of various structures such as: barracks, multi-family and single-family housing units, utility systems, vehicle maintenance facilities, administrative buildings, and other U.S. military facilities.

A-E services may be required for developing request for proposal packages for design/build projects. Projects may involve security upgrades, feasibility studies (to include cost estimating, energy conservation, fire protection, environmental assessments, etc.), safety coordination, and construction supervision and inspection.

A-E services may also include: engineering assessments and systems analysis of existing facilities and infrastructure, anti-terrorism/force protection (ATFP) assessments and design, site investigations and technical assessments, structural analysis and testing, feasibility studies, environmental assessments and technical assistance, asbestos surveys and abatement design, energy conservation and fire protection, minor project scope development, cost estimating and estimate analysis, project schedule development and network analysis, construction management, inspection and quality assurance, materials and equipment testing including systems commissioning, technical review of designs and cost proposals, bid ability, constructability, operability and environmental compliance reviews, value engineering studies, construction claim and delay/impact analysis, and other general engineering and design services.

A-E services may also be required for construction inspection, quality assurance, safety inspections, materials and equipment testing including systems commissioning, and other general engineering and design services.

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(iii), “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Reason for Authority Cited: Although FAR Clause 52.217-8 was included in Contract W912GB-09-D-0050, the value of the option was not included in the price evaluation conducted prior to contract award. In a GAO ruling dated 14 September 2009, if the value of the option was not included in the price evaluation, a justification and approval (J&A) is required before the option can be exercised.

Exercising the option clause will provide continuity and continued contractual coverage, pending the award of the follow-on contract. The incumbent contractor has the requisite qualified personnel in place to continue uninterrupted services beyond the current contract expiration date of 30 August 2014.

6. Efforts to Obtain Competition: The follow-on requirement is in the process of being re-competed on a full and open competition basis. The resultant contract extension will guarantee adequate time for the procurement of the follow-on requirement, ensuring selection and award to the most highly qualified firms based on demonstrated competence and professional qualifications, at a negotiated fair and reasonable price, in accordance with the Brooks Act.

7. Fair and Reasonable Cost: In accordance with FAR Clause 52.217-8, the Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The contract rates were determined to be fair and reasonable at the time of award and shall be verified as such prior to the exercise of the option.

8. Market Research: Market research was conducted for the follow-on requirement, Solicitation W912GB-14-R- 0027, validating adequate interest and capability in the A-E contract community. Additional market research will not provide any additional value to the acquisition as the reason for this J&A is the need to bridge the gap between the current and follow-on contract vehicles and not due to the lack of available qualified sources in the market place.

9. Interested Sources: To date, no other sources have written to express an interest.

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: Date: 28 July 2014

Title: Chief, AE, VE, and Cost Section

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: Date: 28 July 2014

Title: Chief, AE, VE, and Cost Section

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. The anticipated cost is $0.00.

Name: Date: 28 July 2014

Title: Contracting Officer

Signature:

14. Contracting Officer Certification:

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

Name: Date: 28 July 2014

Title: Contracting Officer

Signature:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Modification P00012 under Contract W912GB-09-D-0050, on an other than full and open competition basis pursuant to the authority of 10 U.S.C.

2304(c)(1), subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Name: Date: 28 July 2014

Title: Supervisory Contracting Officer Signature: