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Control No.: MICC 2019-107 Contractor: Leebcor Services, LLC. Service: Job Ordering Contract (JOC) for Fort Lee, Virginia JUSTIFICATION REVIEW DOCUMENT FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER ... Control No.: MICC 2019-107 Contractor: Leebcor Services, LLC. Service: Job Ordering Contract (JOC) for Fort Lee, Virginia JUSTIFICATION REVIEW DOCUMENT FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Program/Equipment: Department of Public Works (DPW) Job Ordering Contract, Fort Lee, Virginia. Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Amount: $ Prepared by: DSN: Contracting Officer's Representative Date: 13 AUG 2019 Email: Contracting Officer: DSN: Supervisory Contract Specialist Date: 13 AUG 2019 Email: Technical: DSN: Supervisory Architect Date: 13 AUG 2019 Email: Requirements: DSN: Director, DPW Date: 13 AUG 2019 Email: Reviews: I have reviewed this justification and find it adequate to support other than full and open competition. Program Manager: Typed Name: DSN: Signature: Contracting Officer: Typed Name: DSN: Signature: Local Small Business Specialist: Legal Counsel: Typed Name: DSN: Signature: Director, MICC Fort Lee: Typed Name: DSN: Signature: Assistant Director, Small Business Program: Typed Name: DSN: Signature: Version - September 2018 FOR OFFICIAL USE ONLY 2 FAR Part 6 Justification and Approval for Other than Full and Open Competition 1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) - Fort Lee, 1830 Quartermaster Road, Building 7124, Fort Lee, VA 23801. 2. Description of Action: The Department of Public Works (DPW) requests a firm- fixed-price contract modification to contract W911SF-14-D-0010 with Leebcor Services, LLC., 430 Mclaws Circle, Suite 201, Williamsburg, VA 23185-5655 to add the six (6) month extension in accordance with (IAW) FAR 52.217-8. The Government projects award for September 2019 and fiscal year 2019, Operations and Maintenance funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B). 3. Description of Supplies/Services: Under the contemplated contract modification to add FAR Clause 52.217-8 "Option to Extend Services", the contractor shall continue to provide the exact same services as currently being provided consisting of construction services, including all management, labor, tools, equipment, and materials, except as specified in the schedule or under task orders to be furnished by the Government, necessary or incidental to the performance of a broad range of maintenance, repairand minor construction work on real property at Fort Lee, Virginia, in accordance with Job Order Technical Specifications. The construction services to be provided include the management, planning, and execution of a broad variety of sustainment, maintenance repair and minor construction work for government facilities consisting of, but not limited to, office buildings, classrooms, shops, storage areas, barracks, dining facilities, HVAC systems, storm drainage systems, civil works, electrical systems, parking lots, road ways, bridges and culverts, landscaping, fire stations, security stations, renovation/repair projects, utility buildings, utility systems, and site improvements, on an as needed basis. These services shall be furnished in response to duly authorized task orders issued in accordance with the "Ordering Procedures." A Job Order Contract (JOC) greatly reduces the amount of estimating and bidding activities needed to precede the work, allows for quicker delivery, and helps foster long- term relationships between the client and the general contractor which are based on the quality delivery of construction and services. A JOC is philosophically similar to the design-build methodology that is used for "ground up" (e.g., new buildings) facility construction. It helps expedite minor construction and routine repair and maintenance of worldwide military facilities in order to decrease the inherent inefficiencies in traditional design-bid-build practices when applied to a large volume of small projects. Period of Performance: 30 September 2019 to 31 March 2020, made in one-month increments Total Value: $ Version - September 2018 FOR OFFICIAL USE ONLY 3 4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 Only One Responsible Source And No Other Supplies Or Services Will Satisfy Agency Requirements. 5. Reason for Authority Cited: a. As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. Leebcor, the incumbent contractor, is the only source possessing the trained personnel assets, management team, institutional knowledge, equipment, and other resources to continue the required tasks without any break in service. Delays in extending the contract would result in serious injury to the Government, financial and otherwise. Leebcor has been successful in meeting the JOC's cost, schedule, and performance requirements. The current JOC (W911SF-14-D-0010) was awarded as a competitive 100% Small Business (SB) set-aside and it is scheduled to expire on 29 September 2019. The JOC follow-on competitive re-compete procurement began in November 2018; however, significant changes to the requirement occurred between March-July 2019 which affected the Acquisition Strategy as well as the procurement timeline. Exercising the six (6) month extension will enable the Procuring Contracting Officer (PCO) the additional time to ensure the requirements package encompasses all changes. Solicitation W91QF5-19-R-0008 will be posted on or about 20 September 2019 and proposals due 19 October 2019. Evaluation of proposals received is anticipated to be completed by 15 November 2019. The Government anticipates awarding the FY20 JOC by December 2019. The extension will be exercised in one- month increments to allow for uninterrupted services and in the scenario of any protest(s) once the contract is awarded. Impact: Without extending the JOC contract, DPW would suffer serious set-backs which may result in mission failure for the several units and organization within Fort Lee, VA. Critical construction, maintenance, and repair projects would come to a halt especially during the upcoming hurricane season in which several projects could be required with little to no advance notice. There are no other known contract vehicles capable of providing the use of another source. The Department of the Army, does not have the organic resources necessary to meet mission requirements; therefore, the DPW must have continued contract support through the JOC extension. b. Alternatives: 1) Suspension of Operations. Suspension of operations is not a viable option. Without facility maintenance services, many areas of the installation will not be able to operate and have to be closed. Facility maintenance services cannot be acquired for Version - September 2018 FOR OFFICIAL USE ONLY 4 Fort Lee within the time constraints without utilizing the services of Leebcor. Closing areas of the installation would negatively affect the mission and is not considered a feasible option. 2) Use of In-House Resources. There are no in-house resources capable of satisfying the requirement of Fort Lee's facility maintenance requirements. Government personnel cuts and reliance on contractors to perform critical facility maintenance functions over the years have resulted in a shift of technical expertise from the Government to private industry. The amount of time required to recruit and hire qualified Government personnel with the requisite skills through the civilian personnel system render this alternative unrealistic and not viable. 3) Solicitation Using Full and Open Competition. A re-procurement package has been developed and is being processed by MICC-Fort Eustis for the acquisition of a long term (up to 5 year), fully competed Facility Maintenance contract. c. Justification: See paragraph 5(a), above. 6. Efforts to Obtain Competition: This action will not require a synopsis due to the proposed contract action being made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action IAW FAR 5.202(a)(11). 7. Actions to Increase Competition: This is an interim action associated with an on-going re-procurement. It is anticipated that sources will not write to express an interest to the proposed extension. 8. Market Research: As a result of the short performance period of the requirement, no market research was conducted for this six month extension. Extensive market research is being conducted by the contracting officer as part of the follow-on contract. 9. Interested Sources: N/A. 10. Other Facts: a. Procurement History: Contract No.: W911SF-14-D-0010 Contractor: Leebcor Services, LLC. Award Date: 22 September 2014, Base year + 4 Option Years Competition: 100% Small Business set-aside (End of page) Version - September 2018 FOR OFFICIAL USE ONLY 5 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. Typed Name: Date: See Digital Signature Title: Supervisory Architect 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. Typed Name: Date: See Digital Signature Title: Director, DPW 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 techniques identified at FAR 15.404-1(b)(2)(ii) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer will ensure that final orders issued against this contract shall be fair and reasonable through comparison of historical costs paid, comparison of independent Government Cost Estimates (IGCE), and analysis of data other than certified cost or pricing data. Typed Name: Date: See Digital Signature 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. Typed Name: Date: See Digital Signature Title: Contracting Officer Signature: Approval Based on the foregoing justification, I hereby approve the modification to extend the Fort Lee Job Order Contract on an other than full and open competition basis pursuant to the authority of Title 10 United States Code §2304(c)(1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The estimated value of the contract is $ for up to a six month period of performance beginning 30 September 2019. The approval is subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition. Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX Version - September 2018 FOR OFFICIAL USE ONLY 7