23C2023_JandA - Redacted for DLA Ops Phase 2_09262023.pdf

CUI//SP-SSEL/FED ONLY J&A Control No. CENAO-23-006

CUI//SP-SSEL/FED ONLY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

Architect-Engineer Services, DLA Operations Center

Phase 2 Construction Support Defense Supply Center Richmond, Virginia

Waller, Todd, & Sadler, a Woolpert Co.

CONTRACTING DIVISION

U.S. Army Corps of Engineers

Norfolk District

18 May 2023

Controlled by: U.S. Army Corps of Engineers, Norfolk District Controlled by: Contracting Division

CUI Category: SSEL, PROCURE Distribution/Dissemination Control: FED ONLY

POC: Nicholas Lizotte, nicholas.lizotte@usace.army.mil 757-201-7310

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY:

The U.S. Army Corps of Engineers Contracting Office, Norfolk Contracting District, 803 Front Street, Norfolk, Virginia 23510.

2. DESCRIPTION OF ACTION:

In accordance with FAR 6.302-1, the Norfolk District U.S. Army Corps of Engineers proposes to award, on a sole source basis, a follow-on Firm Fixed Price Architect-Engineering (A-E) Contract to

Woolpert in support of the DSCR Richmond DLA Operations Center Phase 2 Construction Support. Woolpert is the Designer of Record (DOR) for the original design of the Operations Center.

This action will be procured as a FAR Part 15 stand- procure A-E services for construction phase services for DLA Operations Center at DSCR Richmond. Woolpert will not perform work for any other project or program under this specific contract action. Furthermore, the $551,120.00 is an accurate engineering estimate using historical data and includes all costs associated with the contract. The actual price will be negotiated in accordance with the RFP process and in accordance with the scope of work.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

Work will consist of performing engineering and design support services during the construction phase for the DLA Operations Center at DSCR Richmond. This procurement will be a sole source, firm fixed price, new stand-alone Architect-Engineer Contract, estimated in the amount of $551,120. The period of performance including options shall extend to keep the contract active during construction, approximately 730 days. The work will be completed in accordance with the Unified Design Criteria, USACE's design guide, and integration of the geographic conditions and site constraints.

4. AUTHORITY CITED:

10 U.S.C. 3204(b)(B), as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED:

(1) Background: Contract W9123617D0002, Task Order No. W9123619F0004 was awarded to Woolpert on 18 December 2018 that initiated the 65% design to full design for the construction of the second phase of the Operations Center. Phase II has completed a 35% design and Value Engineering (VE) Study. The AE shall incorporate the accepted VE solutions and the attached comments from the 35% design submittal into the building design.

The Phase II Operations Center initial concept includes: constructing a 26,106 square-meter

(SM) (281,064 square-foot (SF)) multi-story office building to accommodate 1,622 employees of an administrative operations center. The new Operations Center design shall include: open and individual administrative office areas and administrative support areas (copier, printer, facsimile, shredder, mail distribution, packing, shipping); display room and reception space;

reproduction area; unclassified conference and Video Tele-Conference (VTC) space;

conference space, law library; employee support areas (kitchenette/break, latrine); storage, equipment and supply rooms; special foundations; passenger and service elevators, lightning protection; fire suppression; fire alarm, mass notification; and cybersecurity measures.

Connect energy management control system (EMCS).

The separate construction contract W9123621C2019 was awarded to Manhattan Construction Company on 11 December 2020 and the Modification P00001 Notice to Proceed was issued on 28 January 2021. During January 2021 to March 2023, Woolpert was performing construction phase services, however their task order W91236219F0004 period of performance ended on 9 March 2023, and it could not be contract W9123617D0002 listed a last day to order of 17 October 2021, it was not possible to extend the current order or issue a second task order under that contract. As stated above, the A-E services are needed to support the ongoing construction contract for approximately 730 from the date of award.

Woolpert , Woolpert-RS&H LLC, is on the recently awarded large business A-E MATOC. The contract number is W9123622D2004 awarded on 22 June 2022.

However, since this project is expected to be under $1M, inclusion in the large business A-E MATOC is against the contract terms, which states A/E services for Military Construction or military family housing projects up to $1 million that meet the criteria for small business set-aside in accordance with Title 10 U.S. Code Section 2855 will be excluded from the scope of the MAC IDIQ contracts.

Additionally, it would be improper to contract on a sole-source basis using the Authority cited above with a different company than the one that performed the original contract work.

(2) Justification: As DOR for the original design, Woolpert developed the design intent for the

Operations Center at DSCR Richmond. As such, Woolpert acquired extensive expertise, experience, and knowledge of the site, the project requirements, and the design. As DOR, Woolpert assumed professional engineer/land surveyor responsibility and liability for their current deliverables. In addition, Woolpert is highly familiar with the customer and has structured an excellent working relationship with all associated stakeholders. If another design firm were to take over this project, significant and intolerable risk would arise with respect to design quality and schedule risk. By allowing the original DOR to provide construction support it permits the DOR to retain professional engineer/land surveyor responsibility and enable the Government to maintain a single point of accountability. Having served as DOR on the original design, Woolpert is uniquely qualified to provide the necessary services to maintain DOR responsibility and ensure that any required redesign, and supplemental design efforts are sufficiently linked and logically related to the original design intent. Furthermore, Woolpert is the firm that was currently supporting construction phase AE services prior to the task order expiring.

It is clearly apparent that the utilization of Woolpert for the continuation of construction phase services for Operations Center at DSCR Richmond is critical to project success. Woolpert is the only responsible source that can provide the most efficient and effective approach that will allow the Government to obtain a comprehensive and complete design/survey package, suitable for construction in accordance with the current schedule requirements.

Through competition, there would be a substantial duplication of costs associated with this project, as well as unacceptable delays, which would not likely be recovered by the Government. The utilization of a different design firm to complete this project would require substantial procurement time, as well as time for the new designer to become familiar with the customer and project requirements.

Accordingly, Woolpert is the only responsible source to complete the project requirements in a way that will minimize cost and any impact to the schedule.

(3) Impact: If this Justification and Approval is not approved, there will be a substantial duplication of costs associated with this project.

With respect to unacceptable delays, there are numerous items that would cause significant unacceptable delays, of up to 5 months, if an openly competed new consultant were selected to perform construction support. This delay would eliminate the ability to complete the construction of this project within the timeline required. Norfolk District estimates the delays associated with openly competing a new requirement for this project would be as follows:

i. In accordance with EP 715-17, the optimal timeline for soliciting and awarding a new consultant contract is 145 days, or 5 months.

ii. Based on past experience it would be highly improbable that any new consultant brought on board would be willing to accept the liability of redesigning a portion of without extensive examination of the site, project requirements and original design documents. In the event that the Government awards this project to a new consultant, it would require a revalidation of the current design by the new consultant that would take months to complete, while also adding an unnecessary duplication of costs to this project.

It is difficult to see how the Government could expect to recover the estimated time and cost lost through competition. Each of the items identified above have a direct impact to the project schedule. Therefore, it is recommended that the construction phase services for the Operation Center at DSCR Richmond, VA, be continued by the DOR, Woolpert. If this Justification and Approval is not approved, this project will suffer from unacceptable delays and added costs due to the previously stated items.

Approval of the Justification and Approval for a sole source, new stand- would allow the government to avoid an unacceptable increase in cost and delay to the project schedule, as predicted above. This would enable USACE to meet DSCR requirements and to complete this project to the satisfaction of all parties involved.

6. EFFORTS TO OBTAIN COMPETITION:

As stated in paragraph 5, above, Woolpert is the only responsible source for the design upgrades and follow-on work that can provide the most efficient and effective approach which will allow the Government to obtain a comprehensive and complete design package and be suitable for construction. A full and open competition would result in a substantial duplication of costs to the Government, and it would not be expected that the costs incurred would be recovered through such competition. Just as significantly, a full and open competition for this action would introduce unacceptable delays to the project schedule and jeopardize DOR responsibility.

7. ACTIONS TO INCREASE COMPETITION:

This action will be identified solely to provide construction phase services for the Operations Center at DSCR, Richmond. Woolpert will not perform work for any other project or program under this specific contract action. Therefore, this will not affect competition for any other projects.

8. MARKET RESEARCH:

As a matter of market research, the contract specialist researched researching existing contract vehicles and published a Notice of Intent on SAM.gov on 22 March 2023. See Sections 5 and 9. Due to the

Designer of Record. Accordingly, the Contracting Officer has determined that the most appropriate approach to source the work is via FAR 6.302-1 (Only one responsible source).

A multi-discipline A-E MATOC, Contracts W9123622D2003 22D2008, already exists that otherwise affiliated company, Woolpert-RS&H LLC, is one of the awardees holding Contract W9123622D2004.

However, per Title 10 US Code Section 2855, the contract contains a term stating a $1Million minimum threshold for A-E services for Military Construction or military family housing. Due to the estimated $100,000 value of this requirement, the existing IDC may not be used. Therefore, no opportunity to perform a FAR Subpart 36.6 qualifications-based selection is present.

This same federal law 10 USC Section 2855 requires that requirements under $1 million shall be set interest to procure as small business set aside.

Currently an existing Indefinite Delivery Contract (IDC) is not available to award a new Task Order for the remaining work which was confirmed with Woolpert-RS&H. The existing MATOC contract has a $1M threshold and is not a viable option for this estimated task order amount $551,120. Therefore, no opportunity to perform a qualifications-based selection is present. Accordingly, the Contracting Officer has determined that the most appropriate approach is to sole-source the work per Authority of

FAR 6.302-1.

9. INTERESTED SOURCES:

This Justification and Approval for other than full and open competition will be made publicly available on the SAM website (https://sam.gov/). Sensitive information will be redacted prior to publication.

As mentioned in Section 8, as required by FAR 5.203(a), a notice of intent to award a sole source contract was published on the SAM website on 22 March 2023 with a response date of 6 April 2023. No responses were received.

10. OTHER FACTS:

The need for this Justification and Approval is based on the desire for Woolpert to provide construction support for the Operations Center. Woolpert possesses the necessary experience and capability to provide such services, for that reason it is recommended to retain the services of Woolpert.

than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(b)(B), subject to the availability of funds, and provided the services herein described have otherwise been authorized for acquisition.

NAME:

TITLE: Contracting Officer SIGNATURE: