JA - Electric Utilities - City Light Power - Redacted.pdf

LRL-FY25-28 DEPARTMENT OF THE ARMY

LOUISVILLE DISTRICT, CORPS OF ENGINEERS

P.O. BOX 59

LOUISVILLE,KENTUCKY 40201-0059

REPLY TO

ATTENTION OF

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: US Army Engineer District, Corps of Engineers, PO Box 59, Louisville, KY 40201-0059

2. Description of Action: Approval is requested to establish City Light and Power (CLP) as a sole source vendor without competitive selection for the installation and connection fee for their electric utilities related to the construction of the Automated Fire Plus (ARF+) Range at Fort Campbell, KY. 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 is planned to be awarded under a small business set-aside solicitation utilizing FAR Part 14 procedures and Military Construction (MILCON) appropriations. The overall construction contract is estimated at and the CLP work is estimated to cost

3. Description of the Supplies/Service: This action – (Base Line Item 0003, , City Light and Power) includes the fees required to be paid for the utility services. The Ft. Campbell installation currently utilizes CLP as its sole source provider. There is a base 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.

4. Authority Cited: 10 United States Code (U.S.C.) 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This authority is applicable to utility services justifications in accordance with FAR 6.302-1(b)(3).

5. Reason for Authority Cited: CLP is the only provider of and electric utility services in this vicinity of the Fort Campbell Army Installation. All utility system infrastructure improvements and additions associated with a privatized utility systems are to be accomplished through the use of cognizant Utilities Privatization (UP) System Owner (SO). CLP is the System Owner for the Ft. Campbell installation. If CLP does not provide the connections, utilities will not be available to the site thus stunting the ability to achieve mission requirements at Ft. Campbell.

6. Efforts to Obtain Competition: Not Applicable. CLP is the sole electric utility provider for the Fort Campbell Installation. A Notice of Intent was not required for these utility services requirement in accordance with FAR 5.202(a)(5).

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 performed to confirm no other vendors can provide the required electric and gas utilities. The market will be the same when this service is procured again.

Office of Counsel