JOFOC 47PL0123R0020 (1)_Redacted.pdf

GSA Northwest/Arctic Region

U.S. General Services Administration 1301 A St. Suite 610 Tacoma WA 98402 www.gsa.gov

February 14, 2024

MEMORANDUM FOR: LISA K. PEARSON (10P)

PBS REGIONAL COMMISSIONER

FROM: (10PQE)

Capital Projects, Senior Contracting Officer

SUBJECT: Justification and Approval for use of Other Than Full and Open Competition (JOFOC)

47PL0123R0020

RE: LPOE Pacific Highway Lane Expansion Services – Design Build

The contracting officer has received the required reviews and signatures in accordance with the R10 Review Matrix and FAR 6.304(3). Due to the threshold of the 8(a) requirement, the contracting officer is requesting review and signature of the HCA.

The completed JOFOC will be posted on SAM.gov within 14 calendar days of contract award in accordance with FAR 6.303-1 as required by 41 U.S.C. 3304(f).

Attachments:

47PL0123R0020 - Justification and Approval for use of Other Than Full and Open Competition cc:

DocuSign Envelope ID: 8F579166-A776-4404-999E-898BC38731DA

CUI//CONREG

� Add Technology Islands - Technology islands, including a standardized trench system, shall be constructed per the LPOE Design Standard at all new Primary processing lanes.

In addition to the inspection equipment, they will have protective bollards, crash barriers, anti-ram lane closure gates, and informational signage.

� Upgrade Primary Inspection Booths - The existing six Primary Inspection booths will be removed and replaced to match the booths at the expanded lanes and to comply with the current standards.

� Replace Pavement - Concrete Pavement will be replaced in the lanes between the existing booths and throughout the technology islands.

� Overhead canopy in Primary will be extended to cover additional lanes.

� Directional signage will be included to provide guidance to vehicles approaching the border.

� Exterior lighting will be upgraded throughout the Pre-Primary and Primary POV Inspection areas.

Outbound Inspection:

� The Outbound Inspection Lane will be narrowed from the existing 34-foot-wide section to a 12-foot wide lane.

� A separate Outbound Inspection booth that opens only to the outbound lane will be provided.

� A technology island as described above in Primary Inspection will be provided prior to the Outbound Inspection booth to allow for installation of LPRs in the outbound inspection lane.

� The existing Primary canopy will be extended to the east to provide cover over the expanded Primary Inspection lanes and the outbound inspection lane.

� A 10-foot-wide parking bay will be provided just past the inspection booth for vehicles that are referred to the main building for paperwork.

� All paved areas will be replaced with Portland Cement Concrete Paving (PCCP)

� Exterior lighting will be upgraded.

Secondary POV Inspection:

� Six enlarged bays for vehicle enforcement inspections will be provided for Secondary Inspection enforcement.

� A total of 24 Secondary Main Building referral parking spots will be included.

Controlled by GSA R10 PBS AMD, CUI SME (253) 561-8483, r10.cui.info@gsa.gov

DocuSign Envelope ID: DocuSign Envelope ID: 8F579166-A776-4404-999E-898BC38731DA

The LPOE Pacific Highway is the first of five BIL projects for Region 10. The project teams are facing limited participation rates from small and large business vendors. The CO issued a Sources Sought Notice in March 2023 requesting small and large business vendors to submit their notice of interest to include a request for information. The CO provided a Google Form that included questions related to the project, bonding, capabilities and relevant experience with Land Port of Entry Projects (LPOEs). Market Research Determination is included for reference.

The Sources Sought Notice was published to the Government Point of Entry, SAM.gov for the initial period of 14 calendar days. Due to the lack of responses of qualified vendors, the CO extended the Sources Sought period an additional two weeks. Only one Large Business Vendor and multiple small responded. Of the small, only two seemed qualified and one that met the minimum bonding requirements. One of the Small Business vendors that responded early in the process included the 8(a)/JV - RJS/Tribal One. Their full package provided relevant experience in paving, and installation of Inspection booths, to include a team makeup of the Architectural firm and supporting contractors.

Firm Name UEI/ Size Set Aside/Socioeconomic

Qualified

RJS/T1 W85LDSNXH1Y9 8(a)/JV Yes

The Contracting officer (CO) met with the SBA Business Operations Specialist (BOS) to confirm if there were other 8(a) firms that were eligible to compete under a competitive process.

Between the Seattle and the Portland SBA, there were none that were interested or qualified.

Additional Market Research was done utilizing the DSBS Dynamic Search, returning 23 firms under the 236220 NAICS, Small Business with a $35M bonding capacity. The CO emailed the SOW information to all the firms listed with no responses.

The 8(a) firm has provided evidence in discussion and past projects of their resources of contractors, trades and AE firm capability with specific experience working on Land Port of Entry modernizations to include but not limited to; paving, asphalt, electrical, structural, mechanical and the installation of CBP specific, lane technology equipment required for this scope.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer (CO) has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable prior to any resulting award.

The 8(a) JV set aside will be subject to an extensive evaluation of their pricing. A determination of a fair market price through price analysis including but not limited to the project’s third-party

IGE, completed by the CM contractor AECOM. Contractor’s technical narrative and schedule will be reviewed for reasonable management over the project, compared to the number of hours and cost related to their Management and Inspection. Additionally, all Low Embodied Carbon Materials and Emerging & Sustainable Technology costs will be scrutinized to ensure materials are not inflated and within reasonable margins of market pricing.

The pricing will be evaluated utilizing a Master Format CSI Level IV pricing detail required to be provided with the contractors pricing schedule; providing the in-depth pricing detail required to make a fair and reasonable determination. The CO will research for historic prices paid for similar work in the region under the 8(a) program. Currently, there are limited Repair and Alteration projects for paving outside of Calexico LPOE. The fair and reasonableness of the cost/price will be based on an analysis of the contractor’s cost/price proposal, including backup information supporting the cost/price with subcontractor quotes and current material and market condition reports available publicly. It is anticipated this analysis will be conducted using experienced technical representatives, contract specialists, and our CM consultancy with

AECOM.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted.

A full market research was conducted over a three-month period. The first assessment and review provided input to set aside this procurement for a competitive 8(a). While working with the SBA BOS, it was confirmed the remaining two 8(a) firms were not qualified, technically and/or financially, to submit a proposal on this action.

The second assessment, which was submitted via GSA Form 2689, to the SBTA, Region, was to keep the procurement as an unrestricted, Full and Open action. During this time, the budget constraints became apparent due to additional executive orders, LEED Gold requirements and Design Excellence Costs required to be included in the Statement of Work and Specifications.

During the Requirements Development, the Project team had concerns of the limited bids received by large business vendors based on the sources sought notice responses. The 8(a) JV provided more than adequate LPOE project experience, financial capacity and ability to bond.

9. Any other facts supporting the use of other than full and open competition (not discussed in paragraph 5 above). NA

10. Sources (if any) that expressed, in writing, interest in the Acquisition

Per the market research determination, the following vendors showed interest during the sources sought process. In coordination with the SBA Business Opportunity Specialist (BOS), the remaining small business, 8(a) vendors were not technically or financially capable of performing the said requirement successfully. The large businesses who responded provided limited project experience and did not provide feedback through the questionnaire included. The Contracting Officer (CO) did reach out to the large business interested vendors, by phone, for a further discussion. The vendors were not able to make a commitment to bid based on the undefined schedule at the time.

11. Actions to Remove Barriers to Future Competition.

Future BIL projects will have a well-developed technical package through the Project Development Study (PDS) contract. The Pacific Hwy Lane Expansion project was not budgeted or approved for a PDS, per the BIL and Climate Infrastructure Program Management Office (CIPMO) office. The project’s Construction Management contractor led the requirements development effort along with the CBP and GSA PM team. Future projects will have defined requirements that may be helpful to compete for qualified vendors.

In addition, the region participates in the quarterly scheduled Industry Days, open to the public, utilizing public facing websites for each project with dates and progress to the public. Region 10 could organize an Industry Day for the remaining BIL projects and/or upcoming IRA related projects.

(Signature)____ _________________________________________Date_________________

Printed Name and Phone No. Lisa Pearson, Controlled by GSA R10 PBS AMD, CUI SME (253) 561-8483, r10.cui.info@gsa.gov

2/14/2024

Certificate Of Completion Envelope Id: 3B314BA221194493A920F1A375650F80 Status: Completed

Subject: : 47PL0123R0020 JOFOC Approval

Source Envelope:

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Certificate Pages: 2 Initials: 0 Kimberly Johnson

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US General Services Administration

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Matthew McGinn matthew.mcginn@gsa.gov

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Paul Reed paul.reed@gsa.gov

US General Services Administration

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Leah Wright leah.wright@gsa.gov

Deputy Regional Counsel

US General Services Administration

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Certificate Of Completion Envelope Id: 8F579166A7764404999E898BC38731DA Status: Completed

Subject: Signature: JOFOC 47PL0123R0020 LPOE Pacific Highway Lane Expansion DB

Source Envelope:

Document Pages: 11 Signatures: 1 Envelope Originator:

Certificate Pages: 1 Initials: 1 Kimberly Johnson

AutoNav: Enabled

EnvelopeId Stamping: Enabled

Time Zone: (UTC) Dublin, Edinburgh, Lisbon, London

1800F F St NW

Washington DC, DC 20405 kimberlym.johnson@gsa.gov

IP Address: 192.226.125.2

Record Tracking Status: Original

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Holder: Kimberly Johnson kimberlym.johnson@gsa.gov

Location: DocuSign

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Signer Events Signature Timestamp Lisa Pearson lisa.pearson@gsa.gov

Regional Commissioner

US General Services Administration

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Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/14/2024 9:16:53 PM

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Signing Complete Security Checked 2/14/2024 9:48:32 PM

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