AWARD
Y -- Justification and Approval for Intrusion Detection System, TRANSCOM/JIOC, Scott AFB, IL
- Notice Date
- 4/13/2009
- Notice Type
- Award Notice
- NAICS
- 236220
— Commercial and Institutional Building Construction
- Contracting Office
- Department of the Army, U.S. Army Corps of Engineers, U.S. Army Engineer District, Louisville, US Army Corps of Engineers, Louisville, 600 Dr. Martin Luther King, Jr. Place, Room 821, Louisville, KY 40202-2230
- ZIP Code
- 40202-2230
- Solicitation Number
- W912QR-08-C-0007
- Archive Date
- 5/13/2009
- Point of Contact
- Jennifer Anderson, 502-315-6176<br />
- Small Business Set-Aside
- N/A
- Award Number
- W912QR-08-C-0007 P00004
- Award Date
- 3/31/2009
- Awardee
- River City Construction, LLC, 101 Hoffer Lane, East Peoria, IL 61611-9334
- Award Amount
- 11900000
- Line Number
- 0002
- Description
- In accordance with Section 844 of the National Defense Authorization Act for Fiscal Year 2008 Public Disclosure of Justification and Approval (J&As) Documents for Noncompetitive Contracts, the following Justification and Approval for other than Full and Open Competition is hereby posted: 1. Contracting Agency: The responsible contracting agency is the U.S. Army Corps of Engineers (USACE), National Contracting Organization, Louisville District Contracting Office. 2. Description of Action: Supplemental agreement/Contract Modification P0004 to existing Louisville District Contract No.W912QR-08-C-0007 with River City Construction, L.L.C. The original award action was a firm fixed price contract in the amount of $74,210,000 for construction of the ADAL USTRANSCOM Consolidation project at Scott Air Force Base, IL using FY07 BRAC MILCON funds. There is an FY09 option on this contract in the amount of $11,900,000 for the construction of the Joint Intelligence Operations Center (JIOC) project, which will be funded using FY09 DoD MILCON funds. This proposed sole source out-of-scope bilateral modification would also be a firm fixed price negotiated action, using FY07 BRAC MILCON funds, FY09 DoD MILCON funds and DoD procurement funds for the construction services. The project description for the new negotiated action is to provide an Intrusion Detection System (IDS) for entry and exit control, and for intrusion detection throughout the secure portions of both the ADAL USTRANSCOM Consolidation and JIOC projects. DoD procurement funds will be used to fund the equipment portions of the IDS system in both the projects. BRAC MILCON will be used to fund the IDS components that are an integral part of the facility in the ADAL USTRANSCOM Consolidation project. DoD MILCON will be used to fund the IDS components that are an integral part of the facility in the JIOC project. MILCON and procurement funding will be used to procure the IDS in accordance with Engineering Technical Letter 02-12: Communications and Information System Criteria for Air Force Facilities. This Engineering Technical Letter provides the guidance on what fund source to use for different components of the IDS. 3. Description of the Supplies/Service: The contract modification will add an IDS system to building 1920 which is currently under construction, and to building 1900. Both the ADAL TRANSCOM Consolidation and JIOC projects together comprise building 1920. The building 1900 renovation is currently included in the construction contract, and is part of the overall scope of the ADAL TRANSCOM Consolidation project. The building 1920 IDS system is integral with and will tie into the building 1900 IDS system in order to provide connectivity back to the Security Forces Squadron. The approximate estimated value of the construction contract modifications for the IDS infrastructure and the IDS equipment is $1,500,000 and $200,000 respectively. Approximately 95 percent of the estimated cost is for building 1920, and 5 percent of the cost is for building 1900. The IDS infrastructure including cabling, and the equipment will be installed during the same timeframe that the rest of the construction is taking place. The contractor will not be given any additional time to incorporate the IDS installation into the overall construction activities and contract schedule. 4. Authority Cited: The statutory authority permitting acquisition of the requirement by Other than Full and Open Competition is 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) Background: The contract for the ADAL USTRANSCOM Consolidation project was awarded 15 February 2008 and notice to proceed was issued 12 March 2008. The new construction of building 1920 and the renovation of building 1900 were included in the original award. A connector between building 1920 and building 1900 is part of the contract, resulting in building 1920 becoming an addition to building 1900. An IDS system for building 1920 and building 1900 were included in the contract solicitation as options, and the original plan was for the ADAL USTRANSCOM Consolidation construction contractor to procure and install the IDS components. During the source selection evaluation period, the Contracting Officer was not able to determine what a fair and reasonable price was for the IDS contract options. It was suspected that the IDS portion of the Independent Government Estimate (IGE) may not have accurately accounted for the entire IDS scope, and an extensive analysis would be needed to verify its accuracy. The Government was on a very tight schedule to award the construction project, and could not afford the time required for recreating the IGE for the IDS system. Subsequently, the IDS options were not included in the awarded contract. A new cost estimate is currently in process of being created for the IDS, and the cost will be negotiated with the construction contractor before the IDS contract modifications are awarded. The IDS is an integral part of the final completed facility, and the occupants will not be able to carry out their mission without this building system. Therefore it is necessary to proceed with installing this building system along with the rest of the facility components. (b) Justification: If the IDS is installed by second contractor, it would either need to be installed while the building construction is on going, or after the building construction is complete. The current contract completion and the required project beneficial occupancy date is 12 March 2010 for the new construction. The end user requires the IDS to be installed by 12 March 2010 as well, since the IDS is required for the facility to be complete and usable. If a second contractor is used to install the IDS, the requirement for achieving a beneficial occupancy date of 12 March 2010 will be in jeopardy. The scenario of having a second contractor install the IDS while the building construction is on going is potentially very risky, considering that the building construction contractor has control and the responsibility for maintaining quality and safety until the construction is complete and turned over to the Government. The building construction contractor would not have any control over a separate IDS contractor, thus creating the potential for an unsafe work environment, disputes on which contractor is at fault when quality issues arise, and logistical conflicts in regards to scheduling and coordination of work. These conflicts create risk to the Government in the form of schedule delays, requests for equitable adjustment from the contractors, and potential quality issues that are difficult to resolve if more than one contractor was involved in the faulty work. Any schedule delays will result in the project not meeting the required beneficial occupancy date. Alternatively, having a separate contractor install the IDS infrastructure, cabling and equipment after the building construction is complete may present less risk to the quality and safety of the project. Two months is estimated for a separate contractor to install the IDS after the building construction is complete, and the IDS would have an estimated completion time of 12 May 2010, which does not meet the required completion date of 12 March 2010. In addition, tear out and redo of some finished construction work may be required in order to properly install the IDS. Such tear out and redo of work would significantly add to the cost of the IDS installation, and ultimately further delay the beneficial occupancy date of the new facility. Having the building construction contractor install the IDS will eliminate the risk to the Government for all of these problems, and is the only solution that will ensure the project is completed on time. In addition, soliciting and awarding a competitive contract for IDS will duplicate cost and effort already incurred with award of the construction contract. The estimated cost to prepare the solicitation, advertise, conduct a source selection board, and award the project is $80,000. This duplication of cost can be avoided by sole sourcing the IDS to River City Construction and awarding the IDS as a construction modification on the current contract. (c) Impact: Given the reasons stated above, if the J&A is not approved, the Government most likely would have the second contractor start work after the building construction was completed. Having a separate contractor install the IDS infrastructure, cabling and equipment after the building construction is complete may require tear out and redo of finished construction work. The end result of such tear out and redo of work would significantly add to the cost of the IDS installation, and delay the beneficial occupancy date of the new facility. (d) Alternatives: The Product Delivery Team discussed the following two alternatives: issue modification to River City Construction, L.L.C. or competitively procure a second contract. A second contractor may adversely impact the overall the project for the reasons discussed above. 6. Efforts to Obtain Competition: (a) There was only one responding proposal submitted and evaluated for solicitation W912QR-07-R-0079 for the ADAL USTRANSCOM Consolidation project. River City Construction, L.L.C was determined by the Contracting Officer as offering acceptable overall value in satisfying the Governments needs. This firms price for the base bid and the options included in the contract were considered fair and reasonable. Further competition to solicit sources for the IDS requirements is considered to be unreasonable and not in the best interest of the Government given the reasons stated above. (b) This proposed modification action has been synopsized as required by FAR 5.201 (b) (1) (ii) and FAR 6.302-1(c) (2). The synopsis was published in the FedBizOpps on October 6, 2008 with a required response date for interested contractors to be submitted by October 21, 2008. There were no contractor responses received. 7. Actions to Increase Competition: Competition was considered; however, this action is a modification to an existing contract that was competed in full accordance with the Competition in Contracting Act (CICA). Future requirements of this nature will be synopsized consistent with pertinent regulatory guidance. 8. Market Research: Market research was not conducted because, as discussed in paragraph 5 above, only River City Construction, L.L.C., can complete the construction without incurring schedule and cost impacts due to tear out and redo of work. A FedBizOpps synopsis for the addition will not be published, however, as mentioned above a notice of sole source intent has been synopsized as required by FAR 6.302-1(c) (2). 9. Interested Sources: None 10. Other Facts: It is in the best interest of the Government to have one contractor perform this additional yet interrelated new work, and also have one contract with one set of warranties for this project, when the final product is delivered. This supplement agreement/contract modification to the River City Construction, L.L.C., will be negotiated by the Contracting Officer to obtain a fair and reasonable cost for the construction services based on the Independent Government Cost Estimate which will be prepared. Estimated takeoff and quantities will be obtained from the 100 percent design of the current project plans and specifications.
- Web Link
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- Record
- SN01791577-W 20090415/090413220343-9e9d826df1c9c3bbf5aff1a2de2205b7 (fbodaily.com)
- Source
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