140P2020R0125_JOFOC_AE-OM_200811_1.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

DENVER SERVICE CENTER - CONTRACTING SERVICES

12795 WEST ALAMEDA PARKWAY

POST OFFICE (P.O.) BOX 25287

DENVER, COLORADO 80225-0287

IN REPLY REFER TO:

140P2020R0125

July 27, 2020

Subject: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Reference: Architect/Engineer (A/E) Services, Architect-Engineer Construction Services, Hurricane

Sandy Resiliency Repairs to the Sandy Hook Visitor Center Building 436, Gateway National Recreation Area, Sandy Hook Unit, Monmouth County, New Jersey. GATE-201035

In accordance with FAR 6.303-2, the following information is provided:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

Pursuant to FAR 6.505(b)(2), subject Justification for Other than Full and Open Competition is hereby prepared on behalf of the Department of Interior (DOI), National Park Service (NPS), Denver Service Center (DSC).

2. Nature and/or description of the action being approved.

a. This action is a continuation of Architect-Engineer (A/E) design with Mills and Schnoering Architects, LLC, for the referenced construction project described in paragraph 3. In lieu of issuing a single contract action for all A/E services related to construction project, this office issues separate contract actions for partial phases of A/E services required during design and construction of the project due to the following:

(1) Firms are unable to propose accurate, firm fixed-prices on the entire design effort before design concepts are established or approved;

(2) Government review, budget constraints, and other unforeseen events often result in unanticipated revisions to the design, and

(3) Funding is not typically available for the entire design, including A/E review during construction, up front.

b. In accordance with the Brooks Act, FAR part 36.602-1, and FAR part 16.505(b), DSC requested capabilities for proposed project design teams from all firms holding an IDIQ contract under the NPS FY15 Northeast Region/National Capital Region Architect-Engineer Small Business IDIQ pool for review and selection as the “Designer of Record” for the entire construction project.

After a thorough technical review of all submittals, this office selected Mills & Schnoering Architects, LLC, based on their demonstrated superior technical ability and quality. To date, DSC has awarded the following task orders, associated with the above noted project, to this firm under their IDIQ Contract #P15PC00042:

P15PD00440 issued on January 29, 2015, for Design Services for Schematic Design and Design-

Build Request for Proposal (RFP) Preparation P17PD00561 issued on February 15, 2017, for Design Services for Design Development and

Construction Documents 140P20190175 for Architect-Engineer Construction Services was cancelled due to inability to reach price agreement with the proposed construction contractor

c. The IDIQ contract is expired. This justification requests approval to solicit and award the next phase of work described in paragraph 3 in the open market using authority for other than full and open competition contained in paragraph 4.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Architect-Engineer Construction (Title III) services: The estimated at a value of this action is between $70 to $90k.

4. Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1, Only on responsible source and no other supplies or services will satisfy agency requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

a. The scope of work of the current requirement represents a continuation of the design concepts or design review services during construction. At this point of the project, the Designer of Record is the only firm that has complete understanding and vision to ensure remaining design effort and actual construction meet the intent and comply with concepts they developed.

b. The selected Designer of Record has assumed all responsibility and liability for their design. It is not feasible for another firm to either (1) use the Designer of Record’s concepts to complete the design; or (2) provide clarification and answer questions during construction on another firm’s design without significant added risk and liability. This will result in unnecessary delay and cost for additional review, re-design effort, and inaccurate interpretation that are not justified or warranted.

c. The Designer of Record demonstrated superior technical capability; performed satisfactorily; and proposed and negotiated fair and reasonable pricing. There is no evidence or rationale not to proceed with this firm. Continuing services results in lowest cost and risk to the government.

Conversely, not continuing with the selected firm poses additional cost and risks that are unnecessary and cannot be supported or validated.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

A notice will of intent to solicit and negotiate with only one source will be published in beta.sam.gov (formerly FedBizOpps.gov) in accordance with FAR 5.203(a) and (d).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pricing will be determined fair and reasonable. Level of effort will be determined technically acceptable.

8. A description of the market research conducted (see Part 10) and the result or a statement of the reason market research was not conducted.

Market research was not conducted for this specific acquisition since the Designer of Record is the only source uniquely qualified to provide required services while maintaining contractual and design responsibility. However, market research was conducted to determine the most appropriate available A/E IDIQ multiple award pool from which to solicit the Designer of Record and to subsequently select the Designer of Record, as described in Paragraph 2.

9. Any other facts supporting the use of other than full and open competition:

None

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

None

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

This office is in the process of soliciting and awarding new IDIQ contracts for A/E services. Once new contracts are awarded, we will comply with the Brooks Act and FAR Parts 36 and 16 to obtain required A/E services.

12. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Refer to attached Certifications and Approvals.

13. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Refer to attached Certifications and Approvals.

CERTIFICATIONS AND APPROVALS

Technical Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel which form a basis for the justification are complete and accurate:

Signature: Date:

Print Name: Christine Rowe Title: Project Manager

Contracting Officer Certification:

I certify that the justification is accurate and complete to the best of my knowledge and belief:

Print Name: Albert O’Mara Title: Contracting Officer

Legal Review: >$500K or as requested:

Signature: Not applicable (<$150K) Date:

Print Name: Title:

ALBERT O'MARA Digitally signed by ALBERT O'MARA Date: 2020.07.27 17:31:49 -06'00'

CHRISTINE ROE Digitally signed by CHRISTINE ROE Date: 2020.07.28 10:22:36 -06'00'

Approvals: >$25K – One Level Above Contracting Officer:

Print Name: Darrin Knapp Title: Branch Chief

>$150K – Chief of the Contracting Office:

>$700K – Bureau Procurement Chief/Bureau Competition Advocate:

>$13.5M – Head of the Contracting Activity:

DARRIN KNAPP Digitally signed by DARRIN KNAPP Date: 2020.08.11 13:49:43 -06'00'