JA14010.pdf

NAU Control No. 14-010

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-0063, General Architect-Engineer (A-E) Environmental Services for Europe, by three (3) months from 24 August 2014 through 24 November 2014. The ordering period extension will be incorporated into the contract via Modification P00008. Contract W912GB-09-D- 0063 currently expires on 24 August 2014 and has approximately $5,387,607.47 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 because USACE is waiting for new A/E base contracts to be awarded. In the interim, the Environmental Branch needs to utilize A/E contracts for end of fiscal year 2014 awards. Also ongoing task orders period of performances extend past the base contract’s expiration date. It is expected that W912GB-09-D-0063 shall be utilized for three new FY14 projects, FY14 MK Soil Vapor Study Site Investigation, FY14 Maneuver Trail Engineering Assessment and FY14 NSTA Ground Water Site Investigation. It is fitting to use this contract due to AMEC’s experience with remedial design and investigation, Integrated Training Area Management, soil erosion studies, baseline surveys, planning level surveys, maneuver trails, and water control studies.

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.

The purpose of this contract is to provide services to the U.S. Army Corps of Engineers, Europe District, in the execution of environmental programs. This general Schedule of Services (SOS) provides a basic Schedule of Services for efforts under this contract which primarily will be used for accomplishing the environmental services listed below.

- EPAS Support

- Foreign Governing Support

- Remediation Designs

- Soil and Groundwater Studies

- Pollution Prevention Designs/Reports

- Other environmental work, such as but not limited to:

Site surveys; work plans; quality control and quality assurance plans; health and safety plans; sampling and analytical testing for soil borings, well installation and groundwater, surface water, sediment, air monitoring and any other field work to obtain data; environmental site surveys and topographic surveys; environmental consultation;

environmental claims support; training; pilot studies; cultural and natural resource services; Integrated Training Area Management (ITAM); petroleum site assessments; environmental baseline surveys; planning level surveys;

supporting GIS, aerial photogrammetry, and satellite imagery; disposal of investigative derived waste.

Although the main focus of this contract is on those items listed above, the Contractor may be called upon to execute any effort covered under the Army's four environmental pillars which are compliance, pollution prevention, conservation and restoration. Some of the additional environmental projects which the Contractor could be required to perform include hazardous materials and hazardous waste surveys; management plans; studies on specific hazardous materials (radon, asbestos, lead, PCBs and dioxin); support work for Defense Energy Systems Center (DESC), and EMS implementation and noise reduction studies. The range of work potentially required by this contract is not limited to the environmental activities noted above.

NAU Control No. 14-010

Actual work to be performed by the Contractor will be requested under individual task orders (T.O.). A project-specific Schedule of Services will accompany each individual T.O. to meet the special site and problem requirements of the Army or other Federal agencies covered by that particular T.O.

The Contractor may be called on to perform all or part of the services described in the individual T.O. It should be noted that, (1) not all services that could be ordered under this contract to execute the Army's four environmental pillars are described under Section II and (2) requirements of individual T.O.'s may deviate in certain details from these general scopes.

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-0063, 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 24August 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 environmental 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.

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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: Phillip Boawn Date: 21 August 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: Phillip Boawn Date: 21 August 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: Rachael Raposa Date: 21 August 2014

Title: Contracting Officer

14. Contracting Officer Certification:

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

Name: Rachael Raposa Date: 21 August 2014

Title: Contracting Officer