SOLICITATION NOTICE
Y -- UXO / Demining HKIA
- Notice Date
- 7/26/2016
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 562910
— Remediation Services
- Contracting Office
- Department of the Army, U.S. Army Corps of Engineers, USACE Middle East District, Attn: CETAC-PD-CT, 201 Prince Frederick Drive, Winchester, Virginia, 22602-5000, United States
- ZIP Code
- 22602-5000
- Solicitation Number
- 2016-001
- Archive Date
- 8/27/2016
- Point of Contact
- Ralph LaRosa, Phone: 540-665-1238
- E-Mail Address
-
Ralph.J.LaRosa@usace.army.mil
(Ralph.J.LaRosa@usace.army.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W5J9JE-16-C-0005
- Award Date
- 1/23/2016
- Description
- Control No: 2016-001 Justification Review Document for Other Than Full and Open Competition Program/Equipment: Afghan National Army (ANA) Hamid Karzai International Airport (HKIA), Afghan Air Force (AAF) Force T-Walls Authority: 10 U.S.C. 2304 (c) (1), and FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements". Amount: $200,000.00 Prepared by: Kimberly Robinson DSN: 312-265-4884 Title: Contract Specialist E-mail: Kimberly.M.Robinson@usace.army.mil Contracting Officer: Leigh Ann Lucas DSN: _312-265-1187 Date Reviewed: 13 July 2016 E-Mail: Leigh.A.Lucas@usace.army.mil Engineering Technical Lead: Charles M. Marshall DSN: 312-265-4951 Title: Civil Engineer Date Reviewed: Requirements Representative: William W. Kiddy DSN: 312-265-3443 Title: Resident Engineer, Kabul Resident Office Date Reviewed: Reviews: I have reviewed this justification and find it adequate to support other than full and open competition. Program Manager: Brandon C. Muncy DSN: 312-265-5139 Signature: Date: Legal Counsel: Regina L. Schowalter DSN: 312-265-2747 Signature: Date: Control No: 2016-001 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION W5J9JE-16-C-0005 ANA HKIA (AAF) Force T-Walls 1. Contracting Activity: U.S. Army Corps of Engineers (USACE) Transatlantic Afghanistan (TAA). 2. Description of Action: The purpose of this Justification and Approval (J&A) is to document the exception to competition to add out-of-scope demining operations by modification to contract W5J9JE-16-C-0005, Hamid Karzai International Airport (HKIA) Force Protection Upgrades, in support of the Afghan Air Force and Afghan Special Mission Wing missions. This contract, W5J9JE-16-C-0005, was awarded 23 January 2016 in the amount of $1,202,939.00. Modification A00001 was issued on 28 May 2016 revising the order of priority of work. No other modifications have been issued. Demining certificates for this contract are not available. A work stoppage due to the contractor encountering UXO will severely impact the construction schedule and delivering the project to the customer, CSTC-A. The funds being utilized are Overseas Contingency Operations (OCO) funds. 3. Description of Supplies/Services: The prime contractor, Keraman Construction Company, is currently working on the project site. The proposed out-of-scope modification is to add a demining operation to the Priority 1 area, because that specific area does not have a demining clearance certificate from the Ministry of Interior (MOI) and it is unknown whether unexploded ordnance exists in the Priority 1 area. Clearance of mines and unexploded ordnance (UXO) from project work areas and excavation areas are to be performed when the areas are known or suspected to contain explosives, unexploded ordnance or military ordnance prior to the commencement of excavation activities in the areas of West and North HKIA perimeter and Pohantoon-e-Hawayee (PeH) Compound, South HKIA. The required clearance includes searching for and clearing mines and UXO in the order of the T-Wall priority placement. Attachment A contains the information of demining limits, existing demining certificates, and T-Wall priority placement. The original contract - Force Protection Upgrade project at HKIA, Kabul, Afghanistan, in support of the Afghan Air Force and Afghan Special Mission Wing missions - didn't call for demining of the areas. Appendix A of the solicitation, paragraph 1.8.1, "Previous Site Clearing" states, "The Contractor shall assume no mines or unexploded ordnances (UXO) exist on the site. If, during construction, the Contractor becomes aware of or encounters UXO/Mine or potential UXO/Mine, the Contractor shall immediately stop work at the site of encounter, clearly mark the area of UXO/Mine, move to a safe location, notify the COR, and mitigate any delays to scheduled or unscheduled Contract work." After the award, however, it was discovered that not all areas for T-wall placement had the required demining certificates. In accordance with the Contingency Demining Standards included in USFOR-A DCDR-S Memorandum for All United States Forces, dated 19 Jan 2010, signed by Major General John A. MacDonald, it is mandatory to demine the affected area to the appropriate depth before digging and construction can begin. This requirement resulted in the necessity for contract modification to include the demining of the area. The estimated cost for this modification is $200,000.00. The estimated time extension for the demining operations is 0 calendar days. 4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Reason for Authority Cited: a. Unacceptable delay. Due to changed conditions of the project site, and considering the presence of contractor on site installing the Force T-Walls, it was determined to be in the best interest of the Government to modify the existing contract to include the demining operations. The contractor is currently working at the project site and has the ability and skills to perform the demining. It would increase the cost to the Government and be impracticable to have another contractor working on the same site. The onsite contractor is responsible for the design and construction of the T-Walls along the West and North perimeter of HKIA and PEH Compound, SHKIA. In accordance with Contingency Demining Standards, the contactor cannot proceed with its scheduled construction activities, including excavations, to start placing T-Walls. With full and open competition or other competitive procedures to procure the demining of the areas, the original contract would have to be suspended for an extended period of time due to additional requirements and added processing time, incurring unnecessary extended overhead costs from the prime and subcontractors. Furthermore, there exists no perimeter T-Walls at the northwest of HKIA; therefore, that location is considered as an area requiring immediate T-Walls force protection measure. Our customer, CSTC-A requires the area to be the first priority to have T-Walls constructed and placed. The onsite contractor has already mobilized to the site and has access to the areas. This proposed modification will minimize or eliminate the potential for extended overhead costs from the prime and subcontractors and provide the required security requirements of the Afghan Air Force and Afghan Special Mission Wing in an expeditious way. b. Duplication of costs. Although there is adequate space for another contractor to mobilize to the area, based on historical cost data, some of the duplication of costs to be avoided by this modification include: mobilization, personnel duplication for transition, transportation costs, and contractor start-up costs for such things as recruiting, processing of personnel, and the negotiation and award of subcontracts and agreements, and demobilization. Moreover, a new contractor would likely encounter high mobilization costs, which would be saved by issuing this modification to the contractor already on site. There is no expectation that competition would result in recovering any of these duplicated costs and would create additional problems inherent when two contractors are working on the same site. For the above reasons, it is considered to be in the best interest of the Government to issue this ‘out of scope' modification to the incumbent contractor, Keraman Construction Company, 15 Wazir Akabar Khan, Kabul, Afghanistan. 6. Efforts to Obtain Competition: In accordance with FAR Part 5.202 (a) (11) "The proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action", this action will not be publicized. The original acquisition was published on FedBiz Ops on 05 November 2015 for Full and Open Section 886 Limited Competition as authorized by Section 886 of Public Law 11-181. In accordance with FAR part 5.705 (b) this J&A will be posted to FedBiz Ops. TAA has determined that it is impracticable to compete the out-of-scope portion of work for this project due to the time sensitive nature for completion of this project and the rationale provided in paragraph 5 above. Therefore, no efforts to obtain competition were made for this change. The original contract was advertised and awarded under contract W5J9JE-16-C-0005. The award amount of the contract was $1,202,939.00. This out of scope modification represents an increase of approximately 16.63%. The requirement for demining is necessary to complete this project. 7. Actions to Increase Competition: TAA has a program of aggressively pursuing completion in its overall acquisition strategy. However, on this one-time requirement, there would be an unacceptable delay and duplication of costs, thereby necessitating the award of this out-of-scope modification. 8. Market Research: Market research has not been conducted for this proposed modification. While there are undoubtedly other sources capable of performing the work, the most effective way to complete the work is with the current contractor already working at the site, has access to the site, knowledge of the utilities available and has experience in the type of construction required. With full and open competition or other competitive procedures to procure the demining of the areas, the original contract would have to be suspended for an extended period of time due to additional requirements and added processing time, incurring unnecessary extended overhead costs from the prime and subcontractors. Furthermore, there exists no perimeter T-Walls at the northwest of HKIA; therefore, that location requires T-Walls as a force protection measure for the safety and health of all inhabitants of the installation. It is more cost effective for the existing contractor to perform the demining action since it is already on site. It would increase the cost to the Government and be impracticable to have another contractor working on the same site. It is determined to be in the best interest of the Government to modify the existing contract to include the demining operations. 9. Interested Sources: TAA intends to negotiate a sole source modification with the incumbent contractor. While other contractors might be capable of providing the type of services required by this modification, any attempt to use competitive sourcing would result in an unacceptable delay to the requiring activity and increased costs. 10. Other Facts: This proposed contract action is determined to be in the best interest of the Government to minimize delay and associated costs to the current existing contract and impact to the Afghan Air Force and Afghan Special Mission Wing mission. 11. Technical Certifications: 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. Name: Charles M. Marshall Date: Title: Technical Engineering Lead 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. Name: William W. Kiddy Date: Title: Resident Engineer, Kabul Resident Office Signature: 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Name: Leigh Ann Lucas Date: 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. Name: Leigh Ann Lucas Date: Title: Contracting Officer Signature: Approval Based on the foregoing justification, I hereby approve the procurement of an out of scope construction modification for clearance of the project site at Hamdi Karzai International Airport (HKIA), Kabul, Afghanistan on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (1) as implemented in Federal Acquisition Regulations 6.302-1 (a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. Date: Signature: Leigh Ann Lucas Contracting Officer
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA78/2016-001/listing.html)
- Place of Performance
- Address: Kabul International Airport, Kabul, Afghanistan
- Record
- SN04195606-W 20160728/160726234345-03c7f348399e3925bfa895cedf0b8891 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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