SOLICITATION NOTICE
N -- Installation of Security Cameras
- Notice Date
- 6/14/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 236220
— Commercial and Institutional Building Construction
- Contracting Office
- Department of the Air Force, Air Mobility Command, 6th Contracting Squadron, 2606 Brown Pelican Ave., MacDill AFB, Florida, 33621-5000, United States
- ZIP Code
- 33621-5000
- Solicitation Number
- FA4814-10-R-0024
- Archive Date
- 6/30/2010
- Point of Contact
- Carlos Cotto,
- E-Mail Address
-
carlos.cotto@macdill.af.mil
(carlos.cotto@macdill.af.mil)
- Small Business Set-Aside
- N/A
- Award Number
- FA4814-10-R-0024
- Award Date
- 6/14/2010
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION I. CONTRACTING ACTIVITY This document constitutes a justification and approval for the use of other than full and open competition for the acquisition described herein. It is executed on behalf of the Department of the Air Force, Air Mobility Command, 6th Contracting Squadron, MacDill AFB, Florida 33621. II. NATURE AND/OR DESCRIPTION OF ACTION BEING PROCESSED The 6th Contracting Squadron (6CONS) intends to award a sole-source, firm fixed price construction contract to Clark-MacDill Builders, Inc. (Clark), 2 Bethesda Metro Center, Suite 250-Mezzanine Level, Bethesda, MD 20814, a large business, to design and install Bayshore Security Cameras in MacDill AFB's privatized housing area. The security cameras will serve command personnel from United States Central Command (USCENTCOM) living in the housing area under Clark Construction, Inc. at no cost to the Government as part of their 50-year housing privatization lease agreement with the Department of the Air Force. Funding will be through the use of Operations and Maintenance (O&M) funds. O&M funds are the correct funds for this project as detailed in the 28 March 2008 HQ AF/A7C memorandum. Maj Gen Eulber's memorandum directed the use of O&M funds in lieu of Military Family Housing (MFH) funds in government controlled and privatized housing to fund upgraded and secure requirements. III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS The requiring activity is the 6th Civil Engineer Squadron, MacDill AFB, FL. The anticipated contract will provide a USCENTCOM with a "turn-key" solution that includes design, engineering, furnish, fabricate, install, test and maintain new security camera system with integration into the Security Forces Squadron Control Center. The requirement includes at a minimum four (4) each pan-tilt-zoom cameras; system shall include an incident reporting system, lightning protection. IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION The statutory authority permitting acquisition of this requirement by other than Full and Open Competition is 10 U.S.C. 2304(c) (1) as cited in FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements." V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY) The Clark-MacDill Design Builder was awarded a lease of 227 acres of land for a term of 50 years to demolish the existing, build new, manage and maintain military housing on MacDill AFB. As part of this lease, Clark is demolishing 507 homes and building 331 new homes, including 27 GO and 26 SO homes as cited above. The MFH privatization contract allows the government unrestricted right of way in the housing compound without further consideration to Clark. Coordination with Clark before commencement and prosecution of any work, however, is required by the contract. Pursuant to terms of the lease, the government would have to provide a written request for a right of ways to allow another contractor to install the security cameras and Clark has the right to present matters that adversely affect their lease interest. The installation of new infrastructure while Clark is simultaneously performing work in the MFH area would almost certainly interfere with their use of, or access to, the project area in violation of the lease agreement. The right of way issue is difficult, but an even bigger obstacle is the fact that Clark (as the architect/engineer and construction contractor for the housing units) owns the proprietary data rights for the design/engineering drawings and specifications for the new homes being built. The government does not hold title to the data. Having these proprietary drawings/data is essential to ensure the work does not conflict with any other work, the new infrastructure is properly located, and the connections in the MFH housing units are correct. An outside contractor would be working from a "blank sheet of paper" and would have no idea where the utilities and infrastructure have been or will be installed without Clark's proprietary data. In other words, an outside contractor must have these drawings/data to perform the work. This raises the question as to whether Clark would be willing to sell the drawings/data to the government and if it would be cost effective for the government to purchase them from Clark. Clark might be willing to sell to the government, but we have every reason to believe that the cost of the data would exceed the estimated $140K cost to install the security cameras. There is no incentive for Clark to give the government a discount. The cost of the proprietary data would not be recovered through competition. Further, the camera requirement is considered a onetime project, i.e., MacDill does not anticipate future, similar projects within the Military Family Housing area that would require use of the drawings/data. Given the unique nature of this acquisition as described above, Clark is the only source who can reasonably install the security cameras within the required schedule with no repercussions involving the lease and at the same time allow the government to avoid extreme duplication of costs not recoverable through competition of this one-time requirement. VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE. Clark was awarded a 50-year lease of housing area on MacDill AFB after a full and open competition in which four companies submitted/presented proposals to a source selection board. The AF Center for Engineering and the Environment (AFCEE) was contacted to see if it was possible to either modify Clark's existing lease to add the security camera work or to use one of the AFCEE's multiple award construction requirements IDIQ contracts to accomplish the work. The following are the results of those discussions with AFCEE. According to the housing privatization portfolio manager, Mr. Mark Wall, modifying the current agreement is not possible. First, modifying the lease requires Air Staff and OMB approval, and secondly, the lease is not a FAR based contract and their legal has determined that it is inappropriate to add appropriated funds to the agreement. Mr. Wall's email to the 6CONS/DBO stated: "Funds cannot be transferred or given to "The Project" to complete this work. This is a Real Estate Transaction, and even though there is an LLC aspect to the project between Clark and Air Force, there is no FAR mechanism to obligate/expense the funds. The project cannot assume this work and seek compensation later, nor trade scope to offset the costs". The AFCEE Heavy Engineering Repair and Construction (HERC) multiple award contracts were determined not to be a viable alternative because Clark is not one of the prime contract holders under the requirements contracts, nor are they a partner with any of the HERC contract holders. Since the AFCEE contracts are "Requirements" contracts, pursuant to FAR 52.216-21 the Government (AFCEE) shall order from the contractor all the supplies or services specified in the schedule that are required purchased by the Government activity or activities specified in the schedule. VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable based upon use of cost/price analysis and engineering technical evaluation. The basis for this determination will be from an independent government cost estimate using the R.S. Means Construction estimating guide. The estimate will be reviewed by the government's contracted engineering services contractor, Chugach Management Services, Inc. (CMSI), and a government professional engineer and the functional area chief. Technical advice may also be provided by CMSI. The contracting officer will rely on the government engineering estimate, the contractor's detailed cost breakdown, and comprehensive negotiations to ensure that final contract price will be fair and reasonable. VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED MacDill's construction requirements are typically done by its CE contractor. However, MFH construction was specifically excluded from their contract because new MFH construction is typically a MILCON project contracted through AFCEE or the Army Corps of Engineers. Further, MFH maintenance was deleted from their contract in 2008 when the housing privatization agreement was reached with Clark. MacDill does not anticipate future similar requirements in the MFH area. However, projects outside of the MFH compound will be accomplished and competed with the multiple award construction contract holders. IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION None. X. A LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION See Section VI above. XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED None. This is one-time contract for separate infrastructure of security cameras. XII. TECHNICAL REPRESENTATIVE CERTIFICATION. The technical representative's signature on the Coordination and Approval Document is evidence that he/she has determined that the technical justification provided is complete and accurate to the best of their knowledge and belief (FAR 6.303-2(b).) XIII. CONTRACTING OFFICER'S CERTIFICATION. The contracting officer's signature on the Coordination and Approval Document is evidence that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(a)(12).)
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/AMC/6CS/FA4814-10-R-0024/listing.html)
- Place of Performance
- Address: MacDill AFB, FL, Tampa, Florida, 33621, United States
- Zip Code: 33621
- Zip Code: 33621
- Record
- SN02176767-W 20100616/100614234551-a5a6f8929b91a7dee777143945565c5b (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |