REDACTED_FINAL Utilities CLP JA_FTC VMS Parking Storage.pdf

Control Number: LRL-FY24-128

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: U.S. Army Corps of Engineers (USACE), Louisville District, Post Office Box 59, Louisville, Kentucky 40201-0059.

2. Description of Action: This Justification and Approval (J&A) is to establish City Light and Power (CLP) as a sole source vendor without competitive selection for the furnishing, installation, and connection fee for electric utilities related to the Vehicle Maintenance Shop (VMS) Parking and Storage at Ft. Campbell, Tennessee. The Government will not contract directly with CLP, but rather will include a requirement for the construction contractor to contract with CLP in the solicitation that will lead to a new firm-fixed-price (FFP) construction contract. The construction contract for an addition to the current VMS is planned to be awarded under a small business set-aside solicitation utilizing FAR Part 14, using Military Construction (MILCON) appropriations. The overall construction contract is estimated at and the CLP work is estimated to cost

3. Description of Supplies/Services: This construction contract requires construction of Parking and Storage areas in support of the current VMS. The Parking and Storage facilities will include a parking area and ancillary buildings.

The Ft. Campbell installation currently utilizes CLP as its sole electric utility provider. There is a base wide requirement that any new infrastructure or hookups must be provided by CLP to maintain streamlined integration base-wide. There are no other utility providers in the Ft. Campbell mission boundaries that can provide this service. CLP will be creating new infrastructure for the construction site, such as, creating hookups, making the connections, and testing the service to ensure it is operational and safe.

4. Authority Cited: The statutory authority permitting sole sourcing for this acquisition is 10 United States Code (USC) 3204(a)(1), as implemented by FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”. This authority is applicable to private utility service providers in accordance with FAR 6.302-1(b)(3) to when the contemplated contract includes construction of a part of a utility system and the utility company itself is the only source available to work on the system.

5. Reason for Authority Cited: City Light and Power is the only provider of electric utility services in the F Campbell Army Installation. All utility system infrastructure improvements and additions associated with a privatized utility systems are to be accomplished using cognizant Utilities Privatization (UP) System Owner (SO). City Light & Power is the System Owner for the Ft. Campbell installation.

a) Background: The overall project is to construct VMS parking and storage at Fort Campbell, TN.

The parking and storage buildings require these utilities to meet its mission requirements and be functional. Upon this projects competition this parking and storage area will be used to support the VMS for mission requirements.

b) Justification: City Light and Power is the only provider of and electric utility services in the mission boundaries of the Ft. Campbell Army Installation. All utility system infrastructure improvements and additions associated with a privatized utility systems are to be accomplished using cognizant Utilities Privatization (UP) System Owner (SO). City Light & Power is the System Owner for the Ft. Campbell installation.

c) Impact: If CLP does not provide the utility infrastructure and connections to the VMS Parking and Storage, utilities will not be available to the site. Thus, leading to not being able to achieve mission requirements for Ft. Campbell.

d) Alternatives: No other alternatives were considered since there are no other public utility providers available at the project site.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(5) a Notice of Intent was not required for these utility services, as only one source is available at the project site.

7. Actions to Increase Competition: This J&A supports a discrete requirement that will end when the project is complete. Therefore, there are no planned actions to increase competition for the requirement covered by this J&A.

8. Market Research: Market research was not performed in view of the reasons cited above. The market will be the same when these utility connections are made.

9. Interested Sources: City Light and Power is the sole provider of electric utility services in the area.

10. Other Factors: By utilizing CLP for this requirement, it will ensure seamless integration to Ft.

Campbell’s current infrastructure when the Parking and Storage is operational. The cost of integrating a new utility provider far outweighs that to the cost of sole source to CLP.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I hereby determine that the supporting data under my cognizance, which are included in this Justification and Approval, are accurate and complete to the best of my knowledge and belief.

13. Legal Review and Concurrence: I have reviewed this J&A and find the justification adequate to support other than full and open competition.

14. Contracting Officer Certification: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on comparison with existing contract prices and/or established catalog prices for similar items. I further certify that this justification is accurate and complete to the best of my knowledge and belief.