Consolidation DF Redacted.pdf

CUI

Source Selection Information, See FAR 3.104

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ENGLAND DISTRICT

DETERMINATION AND FINDINGS REQUEST FOR CONSOLIDATION

SOLICITATION NO. W912WJ23R0008

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ), PAVING MULTIPLE

AWARD TASK ORDER CONTRACT (MATOC) IN SUPPORT OF THE U.S. ARMY

CORPS OF ENGINEERS, NEW ENGLAND DISTRICT

The Federal Acquisition Regulation (FAR) 2.101 defines consolidation or a consolidated requirement as “a solicitation for a single contract, a multiple-award contract, a task order, or a delivery order to satisfy— (i) Two or more requirements of the Federal agency for supplies or services that have been provided to or performed for the Federal agency under two or more separate contracts, each of which was lower in cost than the total cost of the contract for which offers are solicited; or (ii) Requirements of the Federal agency for construction projects to be performed at two or more discrete sites.” FAR 7.107-2 requires that consolidation of requirements with an estimated total dollar value exceeding $2 million shall be supported by a written determination that consolidation is necessary and justified in accordance with 15 U.S.C. § 657q.

I have reviewed this requirement and associated market research and determined, in accordance with 15 U.S.C. § 657q and FAR 7.107-2, that consolidation is both necessary and justified. This approval is made in accordance with the approval thresholds set forth in Army Federal Acquisition Regulation Supplement (AFARS) 5107.107-2 “Consolidation” and USACE Acquisition Instruction (UAI) 5107.107-2-100(b)(ii), “Consolidation.” My review resulted in the following findings:

FINDINGS

1. Introduction: Headquarters, U.S. Army Corps of Engineers, New England District, proposes to solicit offers for an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) pool with a total shared capacity not to exceed $15,000,000. The MATOC will meet paving needs primarily supporting NAE’s Military and Civil Works Programs under North American Industry Classification System (NAICS) code 237310 across the New England District Area of Responsibility (AOR).

This procurement constitutes consolidation of requirements per 15 U.S.C. § 657q(a)(2)(B) in that it involves paving (and associated services) at two or more discrete sites within the NAE AOR. The proposed MATOC ordering period will be five (5) years. The New England District AOR includes military facilities and other project locations within the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut. The New England District has conducted market research that demonstrates consolidation of this procurement is both necessary and justified.

2. Description of Procurement Action:

a. Project Description:

(1) New England District performs paving and associated services at numerous military installations throughout the New England District AOR, in addition to performing similar activities in support of interagency partners and other New England District programs, such as Civil Works.

Each project is assigned a Project Delivery Team (PDT) comprised of various organizational elements within NAE, including technical (Engineering and Construction Divisions), contracting, legal, project management, and the Deputy for Small Business, as well as the end user and facilities’ engineering organizations. From internal elements, NAE fields an in-house staff that provides project management, technical, contracting, legal, and resource management services to support facility life-cycle programs. NAE's contracting responsibilities for the facilities support include acquisition planning; procurement actions leading up to award of contracts with associated preparation of documentation and approvals; administration of the resulting contracts, including award and administration of individual task orders.

(2) The purpose of this acquisition is to maintain a highly responsive paving contracting tool to support NAE's Military and Civil Works Programs throughout the New England District AOR. The paving support to be provided for the Military Program is generally Sustainment, Restoration and Modernization (SRM) work, but could include new Military Construction (MILCON). Paving project sizes typically range from $100,000 to approximately $2M with limited variance in complexity. This contracting effort is critical to the agency's mission success in responding to the needs of military, interagency and civil works customers throughout the AOR.

b. Acquisition Strategy/Procurement Summary: To meet the paving requirements of the New England District programs, NAE intends to award a Paving IDIQ MATOC pool in accordance with FAR Part 16.504. This is appropriate because the Government anticipates a recurring need for paving support. However, it cannot predetermine, above a specified minimum, the precise quantities required, and it is inadvisable for the Government to commit itself to more than a minimum quantity. Consistent with the Acquisition Strategy Memo, it is anticipated that a target four (4) IDIQs will be awarded under this acquisition. The MATOC pool will share $15M in contract capacity. The period of performance will be five (5) years. Firm fixed-price task orders will be competed among the contractors within the MATOC pool. Order placement procedures will be developed for each Task Order in a manner that allows each awardee a fair opportunity for consideration. This procurement approach is necessary to achieve timely acquisition support for the New England District Military and Civil Works Program requirements, many of which operate on a compressed timeline due to late-year customer requests and availability of year-end funding with critical end-of-fiscal-year requirements that could not be achieved by other contract mechanisms due to unworkable acquisition timelines or costs.

c. Applicability of Consolidation: In accordance with 15 U.S.C. § 657q, “consolidation of contract requirements,” with respect to contract requirements of a Federal agency, means:

“a use of a solicitation to obtain offers for a single contract or multiple award contract – (A) to satisfy two (2) or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under two (2) or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; or (B) to satisfy requirements of the Federal agency for construction projects to be performed at two (2) or more discrete sites.”

The definition applies to this procurement because a MATOC will be used to perform multiple paving construction projects, awarded on individual task orders, at two or more discrete sites.

d. Requirements Being Consolidated: Historically, District customers have requested multiple paving procurements per year, with limited ability by NAE to support on abbreviated timelines. At this time, Fort Devens Reserve Forces Training Area (RFTA), Cold Regions Research and Engineering Laboratory (CRREL), Natick Soldier Systems Center (NSSC) and NAE’s Operations Division facilities across New England are experiencing a backlog of paving requirements in need of execution. In addition, NAE anticipates potential paving support to additional customers, including New Hampshire Air National Guard (NHANG), Rhode Island Air National Guard (RIANG), Massachusetts Air National Guard (MAANG), Naval Undersea Warfare Center (NUWC), and the Veterans Administration (VA). Project values are expected to range between $100,000 to $2M, totaling approximately $2M-$3M annually. At this time, paving designs for CRREL and Operations Division are underway and procurements utilizing these designs will be candidates for this MATOC.

The proposed Paving MATOC will provide full-service paving construction, rehabilitation, maintenance or repair of areas to include, but not limited to roads, streets, sidewalks, and parking areas. Specific requirements appropriate in scope and magnitude will be written in compliance with the scope of work of the IDIQ, taking into account timing, urgency, funding sources, and other requirements unique to the customer. Because these task orders will occur at multiple discrete sites, this is a consolidated acquisition.

Facility/Location Program New Hampshire Air National Guard Military

Hanscom Air Force Base Military Westover Air Reserve Base Military

Natick Soldier Systems Center Military Rhode Island Air National Guard Military Naval Undersea Warfare Center Military

Fort Devens RFTA Military Cold Regions Research and Development Laboratory Military

Various Operations Division Facilities (30+) Civil Works Cape Cod Canal Civil Works

Various Federal Agencies IIS Department of Veteran Affairs IIS

e. Procurement History:

(1) Historically, the New England District has met their customers’ paving requirements by awarding individual, site-specific contracts. During the five (5) years prior to award of the existing Paving IDIQ MATOC (awarded September 2020), the following nine (9) projects were awarded in this manner: Ball Mountain Lake Paving (W912WJ-14-M-0187), Winhall Brook Camping Area (W912WJ-15-P-0229), Tully Lake Paving (W912WJ-15-P-0230, Edward MacDowell Dam Paving (W912WJ-16-C-0005), Hop Brook Lake Paving (W912WJ-16-P-0226), Ball Mountain Lake Parking Area Paving (W912WJ-19-P-0054), and three (3) small task orders all executed for the Cape Cod Canal under contract W912WJ-16-A-0018. Since the award of the existing Paving IDIQ MATOC (W912WJ20D0008, -D0009, and -D0010) six (6) task orders have been issued for paving-related activities at CRREL, Hanscom AFB, and various NAE Operations Division locations. In addition, another four (4) task orders are currently planned for the current Paving IDIQ MATOC in support of NAE Operations Division locations. Consistent with consideration for the previous Paving IDIQ MATOC, in recent fiscal years (FYs), New England District customers – military and other – continue to identify increased uncertainty surrounding mission requirements, resulting in reduced procurement timelines and frequent urgent mission requirements.

(2) Though not exclusively for paving services, in fiscal year 2021, NAE awarded a new Small Construction IDIQ MATOC for construction performed in its AOR. The FY21 MATOC pool included six (6) small business contractors with a shared capacity of $90,000,000 and an ordering period of five (5) years. The FY21 MATOC, as well as prior MATOCs, has been contemplated for occasional paving projects but has ultimately not been used since it does not fit the primary scope of the MATOC. At this time, approximately $47M in capacity remains under the 2021 MATOC.

Capacity under the FY21 MATOC continues to be utilized rapidly, in part because of emerging requirements from numerous customers. This capacity usage does not reflect an increased backlog of support required by the NAE Civil Works program and increased requests for paving services support at multiple Military installations across the New England District AOR.

(3) NAE has routinely solicited individual site-specific construction contracts in support of all District programs. In FY21, NAE awarded $217M of which 41.4% or $90M was awarded to Small Business (SB). In FY22, NAE awarded $430M of which 35.5% or $153M was awarded to Small Business. NAE’s FY23 and FY24 Small Business Goals are equally as aggressive. NAE intends to achieve these small business goals, in part, by continuing to use a Paving IDIQ MATOC targeting small businesses. Access to a Paving IDIQ MATOC of this nature will enable NAE’s customers easier access to paving services and may increase NAE’s capability of awarding additional task orders to Small Businesses.

f. Rationale for Consolidation: Based on the analysis of the New England District, the quantitative benefits of this consolidated approach fall short of the required 10% cost savings.

However, the qualitative benefits of the proposed consolidated approach are critical to NAE’s mission success and, as detailed below, these benefits substantially exceed the benefits of any approach that involves a lesser degree of consolidation.

(1) In order to be determined necessary and justified, the benefits of the consolidated acquisition must substantially exceed the benefits that would be derived from alternative contracting approaches that involve a lesser degree of consolidation. Such benefits may include quantifiable cost savings or price reductions as well as other benefits, regardless of whether quantifiable in dollar amounts, to include quality improvements that will save time or improve or enhance performance or efficiency, reduction in acquisition cycle time, better terms or conditions, or any other supportable benefit. Benefits that are quantifiable are considered substantial if they meet the dollar amounts set forth in FAR 7.107-2(d). If the quantifiable benefits do not meet these thresholds, the approving authority may determine that consolidation is necessary and justified if the expected benefits of the consolidated approach are critical to the agency’s mission success and the procurement strategy provides for maximum practicable participation by small business.

(2) Benefits that are quantifiable in dollar amounts are substantial if individually, in combination, or in the aggregate the anticipated financial benefits are equivalent to ten percent (10%) of the estimated contract or order value (including options) if the value is $94 million or less. The proposed Paving MATOC will share $15M in contract capacity, thus the required ‘substantial’ threshold for this acquisition is $1.5M. As shown in greater detail below (Section 5.a.(4) - Cost Savings), the estimated administrative cost savings for consolidating this acquisition are at least $50,000, 0.33% of the estimated contract (including options). Furthermore, the typical New England District Military Program (as well as other customers/programs) design and construction support suffers from an uncertain funding stream that typically does not reveal itself until the 3rd and 4th quarters of the fiscal year. Coupled with the fact that almost all of the funds are expiring annual appropriations, the Military Program requires contracting mechanisms that are quick and efficient yet provide a sufficient level of competition to ensure fair and reasonable pricing.

While some financial benefit is anticipated by utilizing a MATOC, benefits to the overall procurement schedule, as well as having a pool of pre-qualified and experienced contractors that are familiar with the requirements and conditions within a specified area, substantially exceeds the benefits of any approach that involves a lesser degree of consolidation. Once the MATOC pool has been established, award of Task Orders reduces the time and risk of awarding utilizing any other procurement method. MATOCs provide a unique ability to acquire pre-qualified, experienced, professional services at competitive prices. Prior to the establishment of other comparable MATOC tools (Small Construction MATOC, D/B MATOC, etc.), the New England District was frequently forced to turn away work from valued customers because NAE did not have the necessary tools to complete procurements within those customer’s funding availability.

Many traditional New England District customers receive funding late in the Fiscal Year, requiring rapid response from NAE to award contracts before funds expire. This is especially true of paving-type work where customers identify relatively small amounts (routinely $100,000 to $750,000) of excess funding toward the end of the Fiscal Year and allocate those funds to a backlog of paving requirements typically found at many installations and District Operations Division facilities. In past years, projects turned away due to schedule limitations included two minor paving repair projects at CRREL, re-striping of Parking Lot ‘M’ at Natick, and minor parking lot repairs at three (3) different Operations Division facilities after excess funding was identified as fiscal year-end approached. Turning away work of this nature has not occurred since awarding the current Paving IDIQ MATOC. To continue executing our growing missions, NAE must maintain a contract vehicle that is responsive to late-emerging customer requirements, their uncertain budgets, and late adjustments to the Fiscal Year priorities in order to assure mission success. See Section 5 analysis below for the benefits to this proposed consolidated acquisition.

To reiterate, use of an IDIQ is appropriate when the Government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the Government will require during the contract period, it is inadvisable for the Government to commit itself to more than a minimum quantity, and yet the Government anticipates a recurring need. This is exactly the context of the paving requirements of the New England District Military and Civil Works Programs. An IDIQ, specifically the proposed Paving MATOC, is the most beneficial contracting mechanism for accomplishing the routine paving requirements of NAE’s customer base. Consolidation under a MATOC will provide a pool of qualified and experienced small business contractors, facilitating high quality mission execution, and meeting accelerated acquisition cycle demands, while achieving significant cost savings.

(3) In addition, consolidation of this requirement does not negatively impact small business, since this procurement is anticipated to be set-aside for small business. New England District issued a Sources Sought on 21 November 2022 for the replacement Paving MATOC. The results of the Sources Sought revealed six (6) interested Small Business firms, with four (4) of the responding companies deemed capable of completing this type of work. This Sources Sought response demonstrates adequate competition in the Small Business market for a MATOC of this type. NAE anticipates even greater interest once the solicitation is posted given the total number of paving contractors in the New England region. NAE’s Deputy for Small Business will reach out to potential contractors to make sure maximum practicable participation by small businesses is achieved.

3. Applicable Statutes/Regulations: 15 U.S.C. § 657q, FAR 7.107-2, and AFARS 5107.107-2.

4. Results of Market Research:

a. A Sources Sought announcement was posted on 21 November 2022 and six (6) responses were received from the small business community by the due date of 20 December 2022. The purpose of the market research was to provide NAE with the necessary information regarding the capabilities and availability of the small business community needed to perform the work required.

Following review of the Sources Sought responses, NAE determined that four (4) of the small business respondents are qualified to perform the work required under this procurement.

b. Following the review of the above market research, it was determined that an acquisition approach to select a target of four (4) small business contractors would be the preferred approach.

The market research identified sufficient qualified firms, with paving construction related experience, to ensure substantial competition for the proposed Paving MATOC. Based on the market research, NAE anticipates that eligible small business contractors will be able to comply with the requirements of FAR 52.219-14, specifically the self-performance of 15%, or with similarly situated entities as referenced in the current clause definition. This determination is documented in the DD 2579.

Because this is a MATOC procurement, consolidation is not expected to have a negative impact on small business competition. Although there will be multiple task orders, each task order will be of a size appropriate to small business, and no task order will combine work in such a way as to prevent performance by small businesses. Based on NAE's significant knowledge of this market, small business contractors in this market segment have the ability to work on several projects at once - indeed, this is their business model. The New England area is not a large geographic region, comprising 71,991 square miles. The entire region is only slightly larger than the state of Washington, which is 71,362 square miles. Small businesses should be able to perform anywhere within this region, although travel costs may be greater for task orders in remote areas.

c. Market research, both past procurement history and specific research related to this solicitation, does not indicate that the proposed approach will negatively impact competition among small businesses. Initiating a MATOC pool with a target of four (4) contractors is expected to sustain competition within the pool.

5. Alternate Contracting Approaches Considered and Rationale for Rejection: In determining that a Paving MATOC pool was the best solution for satisfying the paving requirements of the New England District Military and Civil Works Programs (and other programs requiring similar support), NAE also considered site-specific construction acquisitions. The intent of this analysis was to address all alternative contracting approaches that would involve a lesser degree of consolidation, or no consolidation.

a. Alternative 1: Site-Specific Construction Contract: NAE considered the award of multiple stand-alone, site-specific paving contracts. While this approach could provide a lesser degree of consolidation, or no consolidation at all if individual contracts are awarded for every single requirement, the benefits of the proposed MATOC approach substantially exceed the disadvantages of individual site-specific contracts or MATOCs for each state for the reasons outlined below:

(1) Quality. NAE’s objective with the proposed MATOC is to establish a pool of experienced small business contractors to service all New England District programs such as military, Operations Division, VA, National Guard, etc. This assures a higher degree of consistency in the quality of performance for NAE’s customers than contract vehicles involving a lesser degree of consolidation based on customers’ locations. Further, the density distribution of District customers does not support establishing contract vehicles of this nature for each state, which is why NAE intends to establish a district-wide MATOC for all customers to access.

MATOC pool contractors will be selected via a best-value process and over the course of the MATOC ordering period they will gain further experience through the iterative process of responding to Requests for Proposals (RFPs) and executing projects for NAE.

Stand-alone contractors also may not gain the same critical experience with NAE due to a high volume of non-governmental work across the industry. The infrequency of performing work supporting New England District programs puts such contractors in a perpetual learning curve that would negatively impact the program because of varied standards of contractor performance, resulting in increased oversight and administrative costs.

(2) Acquisition Cycle. A complicating element of the New England District programs is the frequency of annual funding fluctuations and changes in priorities resulting from emerging requirements. The New England District strives to address these budgetary uncertainties and emerging requirements by remaining in constant communication with all customers and maintaining adequate contract capacity to respond to unanticipated requirements. The MATOC approach better accommodates the needs of the New England District programs, because of its streamlined nature. Stand-alone, site-specific construction contract procurements require additional advertisement time and are often unable to meet the emerging needs of customers during the final months of the Fiscal Year. In addition, the task order procurement process under a MATOC eliminates the 15-day advance notice period required under FAR 5.203.

The task order process reduces the preparation of voluminous stand-alone solicitations which must be created individually using the contract writing system, the burdensome submission requirements for contractors, and time-consuming responsibility determinations. The task order procurement process can also reduce prolonged proposal submission periods due to contractor unfamiliarity with the New England District programs due to the fact that NAE has a rigorous source selection process compared to the more streamlined selection process of a MATOC task order (for which the contractors have already been vetted through the MATOC award process) that allows for the reduced acquisition time. Each task order requires only the submission of limited technical requirements outlined in each RFP and price. Through an analysis conducted by the New England District, it is estimated that this contracting mechanism could save as much as 1-2 months in the acquisition cycle of each project and 12 days of man hours spent on each project by streamlining the items detailed above. This time savings is critical to meet the mission successfully given NAE lacks the necessary resources to execute stand-alone site-specific paving contracts for each applicable requirement. The savings in dollar figures associated with these hours are discussed below in paragraph (4) – Cost Savings.

(3) Terms and Conditions. Between the two alternatives, there is no appreciable difference in the contract terms and conditions which would contribute to the justification for consolidated requirements.

(1) Competition. By selecting a target of four (4) firms for the MATOC pool, competition is expected to be roughly equivalent to site-specific sealed bidding solicitations.

(4) Cost Savings. Per 15 U.S.C. § 657q(c)(2)(B), “savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements” unless the total amount of the cost savings is expected to be substantial in relation to the total cost of the procurement. While the cost savings anticipated to be realized by using this approach do not meet the “substantial” threshold, the tables presented below provide a summary of the cost analysis between making an award via a stand-alone paving contract compared to awarding a Task Order under the proposed MATOC.

opportunity to rapidly acquire pre-qualified, experienced, professional services at competitive prices.

As Table 4 (below) shows, in comparison to solicitation and award of stand-alone, site-specific contracts, the acquisition time and cost of issuing task orders under a MATOC are significantly reduced. It also facilitates the Government’s rapid response to emerging and unforeseen requirements that regularly arrive at year end, which are impossible to meet through individual, stand-alone contracts. In accordance with FAR 7.107-2, an IDIQ MATOC enables the New England District to support critical customer requirements that emerge late in the program year due to an uncertain budget climate. The MATOC will enable this rapid response to customer requirements, while simultaneously maintaining the maximum practicable involvement by the small business community.

Table 4 – Analysis Summary

Benefit Stand-Alone Construction Contract

MATOC

Quality Average to High High Acquisition Cycle* 3-4 months 2-3 months

Terms and Conditions No Difference No Difference Administrative Cost High Low

* Project Identification to Award

6. Bundling Analysis:

a. Definition of Bundling. FAR 2.101 defines bundling as consolidating two or more requirements for supplies or services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to: (i) The diversity, size, or specialized nature of the elements of the performance specified; (ii) The aggregate dollar value of the anticipated award; (iii) The geographical dispersion of the contract performance sites: or (iv) Any combination of the factors described in paragraphs (i) through (iii) of this definition.

b. Applicability of FAR Bundling Definition. This acquisition does not constitute FAR bundling because it is not an attempt to consolidate two or more requirements previously provided or performed under separate contracts into a single contract unsuitable for small business. This procurement will be set-aside for competition between small business entities;

therefore, bundling is not implicated.

c. Definition of the Competition in Contracting Act (CICA) Bundling Principle. This principle, as developed by the Government Accountability Office (GAO) case law, focuses on whether the combined requirement (new, old, or otherwise) restricts competition, and whether the agency is consolidating or bundling a new requirement unnecessarily. In order to justify CICA Bundling the agency must show "a reasonable basis for why the bundling is necessary to meet the agency need." (Vantex Serv., Inc., B-29041 5, Aug. 8, 2002 and Outdoor Venture Corp., B-299675; B-299676, Jul. 19, 2007).

d. Applicability of CICA Bundling Principle. While this procurement falls under the category of CICA bundling, the solicitation will permit full and open competition amongst the pool of small business contractors. As indicated in paragraph 2.f (2) above, NAE needs a contract vehicle that is responsive to late-emerging customer requirements, their uncertain budgets, and late adjustments to the Fiscal Year priorities in order to assure mission success.

The MATOC will contain restrictive provisions only to the extent necessary to satisfy the procuring agency’s needs.

7. Considerations, facts, and reasoning supporting the determination: All facts, considerations and rationale have been covered previously in the findings. The DD 2579 has been signed by the Contracting Officer and Deputy for Small Business. All concur that consolidation of this requirement is both necessary and justified.

8. Summary: Though this MATOC approach constitutes consolidation in that it combines paving requirements at two or more discrete sites into one contract, this approach represents the most effective means for the New England District to successfully execute a broad and rapidly changing mission. It provides the best combination of competitive procedures, timely acquisition (shortened by 1-2 months), cost efficiency, quality, and capable prime contractors. This approach would allow the New England District to shorten response time to procurement needs across the Military and Civil Works Programs and in support of other Federal partners by 1-2 months and would significantly contribute to administrative cost savings of at least $50,000 to the Government compared to what it would cost if requirements were not consolidated. In addition, it offers improved quality performance and successful completion of projects in support of mission requirements.

Consolidation is necessary and justified as it is critical to the agency’s mission success and the procurement strategy provides for maximum practicable participation by small businesses. The Paving IDIQ MATOC enables New England District execution by improving procurement timelines and costs incurred. As previously stated, under the current budgetary climate, many traditional New England District customers receive funding late in the Fiscal Year, requiring rapid response from NAE to award contracts before funding availability changes, while funding that is provided is frequently limited. The absence of such contract tools currently limits NAE’s ability to be responsive to emerging customer requirements, uncertain budgetary climates, and late adjustments to a customer’s anticipated Fiscal Year priorities.

The MATOC approach meets the intent of statute to provide prime contracting opportunities for small business in that it is the Government’s intent to make multiple awards to small businesses.

This approach also accrues to the benefit of NAE’s aggressive small business goals.

W912WJ23R0008 PAVING INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ)

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) IN SUPPORT OF THE

U.S. ARMY CORPS OF ENGINEERS, NEW ENGLAND DISTRICT

The following signatures indicate concurrence with the contents of this document.

Chief, Military Project Management Branch New England District

Deputy for Small Business

District Counsel

Chief, Contracts Branch New England District

W912WJ23R0008 CONSTRUCTION INDEFINITE DELIVERY, INDEFINITE QUANTITY

(IDIQ) MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) IN SUPPORT OF

THE U.S. ARMY CORPS OF ENGINEERS, NEW ENGLAND DISTRICT

Upon the basis of the findings above and with the concurrence of the SBA, I hereby determine, pursuant to the authority of FAR 7.107-2, 15 USC § 657q, and Army Federal Acquisition Regulation Supplement 5107.107-2 “Consolidation,” that the proposed consolidation of two or more discrete paving projects for the Department of Defense and other Federal Agencies within the New England District is both necessary and justified.

Date:

Sheila Winston-Vincuilla Chief of the Contracting Office, New England District U.S. Army Corps of Engineers