Sole_Source_Bailey_Edward_Redacted_1.pdf

SOLE SOURCE JUSTIFICATION FOR ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

1. Contracting Agency and Activity.

The Department of the Interior, United States Geological Survey, plans to contract on a sole source basis. This document sets forth the justification and approval as required by FAR 13.106- 1(b)(1).

2. Nature of Action Being Approved.

A follow-on, firm-fixed price contract for solicitation and construction administration phase services for the Building Stabilization construction requirement for the Columbia Environmental Research Center (CERC) main building. The proposed awardee is Bailey Edward Design, Inc.

3. Description of Supplies or Services.

The Columbia Environmental Research Center (CERC) requires Architect-Engineer (A-E) services from the A-E firm that designed the construction specifications for this effort to assist during the solicitation and construction phase of the pending Building Stabilization acquisition.

4. Estimated Dollar Value.

5. Statutory Authority. The proposed action may be awarded on a sole source basis under the authority of FAR 13.106-1(b)(1) only one source reasonably available.

6. Rationale Supporting Use of Citation in No. 5.

The OAG Denver Branch awarded 140G0218C0007 on June 6, 2018 to Bailey Edward Design, Inc. for Architect-Engineer (A-E) services which included completion of a design package for construction drawings, specifications, cost estimates and schedule for the CERC Main Building Stabilization located in Colubmia, Missouri. This A-E requirement was competed in February 2018 prior to the mandatory use A&E IDIQ Contract, 140G0118D0013, for the Missouri area being awarded. This award did not clearly disginguish that the requirement would be separated into multiple phases and the Stabilization A-E Contract awarded to Bailey Edward in 2018 was only for Phase 1 with no option for Phase 2. Reference Attachment 1 for a 2018 description of both Phase 1 and Phase 2. To date, the final construction package and A-E services awarded have only been for Phase 1 which focuses only on the stabilization on the Northwest corner of the building. CERC is now ready to move into Phase 2 which includes the remainder of the micropiles along the perimeter of the first and basement floors. This Phase 2 was erroneously assumed to be included the original Bailey Edward contract.

As of July 2023, Phase 2 will be reduced in scope from the 2018 description to only micropiles and underpinning. CERC will require the original A-E firm, Bailey Edward, to develop the remaining Phase 2 construction documents. The continued focus remains the stabilization of

A3 Main Building to correct and prevent further settling of the building due to foundation and expansive soil deficiencies. During the solicitation phase, CERC will require the original A-E firm to attend the site visit, assist USGS staff in answering technical questions and potentially revise specficiations or drawings to ensure a conformed design. Also, during the construction phase, CERC will require the firm to make site visits during construction to inspect work, resolve any technical issues that arise during construction, review and approve submittals and provide a final set of design drawings to conform to the actual construction. As the designer of the original construction package for Phase 1, Bailey Edward is only capable firm that can be considered the subject matter expert on the current stabilization issue at CERC.

7. Other Information.

As a follow-on acquisition, the estimated cost to the Government that would be duplicated by having a new A-E firm would potentially be $180,467.88. This estimate is based on the amount awarded to Bailey Edward to design the construction package for the CERC Building Stabilization as well as the follow-up award for Phase 1 solicitation and construction administration. In order to not be liable for continued building stabilization issues, a new A-E firm would have to either redo the design efforts completed by Bailey Edward in order to certify the current design or provide their own new design and construction package. Either option would be a significant duplication of costs to the Government. This would also cause an unacceptable delay in fulfilling the Governme stabilization project in Fiscal Year 2024.

The construction costs for Phase 1 currently totals $626,999.94. Phase 2 reduced scope is estimated to be $300,000.00 in construction costs although this is based on the 2018 A-E opinion of probable cost estimate.

8. The Efforts to Identify Additional Sources Including the Market Research Conducted.

The original procurement for the design of the construction package was competed by the Denver Branch. The Stabilization Phases as well as the A-E service for solicitation and construction administration should have been included as optional line items in this procurement.

Any future A-E service requirements for CERC will be competed to the maximum extent possible.

9. Future Plans to Permit Competition.

This procurement is expected to be a one-time requirement for a follow-on requirement that should have been awarded as an option line item on the original A-E award.

10. Recommendation and Certification from Program Office

Based on the above, I recommend this acquisition be conducted on a sole source basis and certify the above statements are true and accurate.

11. Certifications from the Contracting Officer:

a. The contracting officer determines the anticipated cost to the Government will be fair and reasonable based on previous history of the same or similar services.

b. This justification is accurate and complete to the best of my knowledge and belief.

12. Approvals