JOFOC DTFH6816D00007 CAP Increase 3.31.201.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC) OVER THE MICRO-PURCHASE THRESHOLD

EXCLUDING FAR 13(SAP) AND SOLE-SOURCE 8(A) AWARDS OVER $22 MILLION

(AUTHORITY: FAR 6.302)

1. Agency and contracting activity. Department of Transportation (DOT), Federal

Highway Administration (FHWA), Central Federal Lands Highway Division (CFLHD), Acquisition Branch.

2. Nature and/or description of the action being approved. This justification is written for approval of a sole source procurement.

3. Description of supplies or services required to meet agency needs (including the estimated value). The referenced contract is an indefinite delivery/indefinite quantity (IDIQ) contract for professional architect-engineering project development and related plans, specifications and estimate (PS&E) deliverables, as well as post-design services during construction. This contract supports projects for partner Federal Land Management Agencies, the Department of Defense, State and Local Governments located in CFLHD’s 14-state region.

The additional cost associated with completing the outstanding work is not expected to exceed $750,000.00 As such, the IDIQ contract ceiling will be increased by $750,000.00.

Project Task Orders and modifications required:

NM FTBL 2004(2) Wild Rivers - 70-100% Design Services AZ FLAP 202(2) - Post Design Services CA FLAP MRN Muir Woods - 30-100% Design Services CA FLAP SCR T5(2) MBSST - Final Design Services CA FTBL Dumont Dunes 30-100% - Design Services CA FTFW MODO/BICR - Final Design Services CA MRN Muir Woods SAP / NPS - 30 to 100% Design Services CA ER 511(1) Trinity County - Ruth Zenia Road Post Design Services CA FLAP SR 88(2) Apache Trail - Final Design Services CO FLAP PIT 82(1) Brush Creek - Post Design Services CO FTBR Crystal Dam (1) East Portal Access Road - Post Design Services CO OMAD 300(66) - Post Design Services

Identification of the awardee to be solicited: CH2M Hill, Inc.

9191 S. Jamaica Street Englewood, CO 80112

4. Statutory Authority Permitting Other Than Full and Open Competition. The contracting officer has determined the circumstances of the contract action to meet the following statutory authority under FAR 6.302-1 described below and supported by FAR

6.303 Requirements, and 6.304 Approval of the justification.

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

(a)(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

and

(a)(2)(ii)(A) &(B): Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)(2)).

5. Supporting Rationale Justifying Use of Cited Statutory Authority. FAR 6.302-1 – This JOFOC is required due to the logical follow-on nature of the highly specialized A-E Design Services under the referenced contract DTFH6816D00007. The expected economy and efficiency anticipated to be achieved under this action are explained below.

Task orders were awarded under the IDIQ contract for the above-referenced projects in fiscal years 2019 and 2020 to provide full design services for complete PS&E packages, each of which has progressed to at least the 30 percent design stage. Four of the task orders are complete and in need of post design services during construction. When the task orders were awarded, the IDIQ contract contained the necessary capacity to complete all needed design services for the projects.

However, due to changes in the scopes of work between the project scoping and 30 percent design phases, unforeseen issues with environment impacts, Right of Way (ROW) complications, and other variables due to partner agency constraints, there were several increases in costs to these task orders.

CH2M Hill, Inc. is the Engineer of Record for these task orders, required to seal the drawings, reports, or documents for each project. Therefore, the Government does not expect it could recover the value of the duplicated effort through the results of a competition. Rather, re-competing these task orders would be expected to result in a substantial increase in costs to the Government due to duplication of services already rendered and impacts to meeting construction schedules. For completed designs, the inefficiency in performing post-design services with respect to another firm’s design, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 would be expected to result in substantially increased costs. Most likely, another firm would not accept the risk of performing post-design services on a design where another firm is the Engineer of Record. These impacts would affect the procuring agency, partnering agencies, public visitation and the construction industry.

6. Efforts to Expand Competitive Field. The referenced IDIQ contract was awarded through a publicized competition on FBO.gov in FY 2016. The intent to increase the ceiling price of the IDIQ by $750,000.00 in order to accommodate the action forming the subject of this JOFOC was publicized on beta.SAM.gov as required by FAR 5.203(a) and posted on March 5, 2021. The notice was active on beta.sam.gov for 15 days.

7. Fair and Reasonable Price. The contracting officer has determined that the anticipated cost to the Government will be fair and reasonable, based upon pricing for similar services under the contract, prior competition under a recent and similar A-E IDIQ awarded in 2019, and through comparison to the government estimate.

The contract ceiling will be raised by $750,000 from $17,500,000.00 to $18,250,000.00 to cover increased costs associated with the modifications and post design task orders within scope of the work described in the IDIQ contract.

Approval of this Justification and Approval (J&A) to increase capacity by $750,000.00 allows for award of twelve task orders and modifications where CH2M Hill is the Engineer of Record.

8. Market Research. There are numerous A-E firms that provide design services for road and highway design services including numerous vendors with NAICS code 541330. The CFLHD currently has contracts with four other AE firms; however, due to duplication of effort, increased schedule time and costs associated with soliciting another firm, it is not in the Government’s best interest to restart design of the projects which are already beyond, some substantially, the 30 percent design stage. The CFLHD also reached out to the other Division Office with an IDIQ in place with the same AE firm; however, that contract expired in February 2021.

9. Any Other Facts in Support of Other Than Full and Open Competition. The statement of work and packages necessary to allow for full and open competition of this requirement have not been developed for each project, as the current ongoing work does not result in a complete document until the end of the design process. The cost that would be duplicated if not procuring the A-E services from CH2M Hill is estimated to be more than $4,500,000.00 due to re-competing and repeating performance of work by another A-E firm. That estimated value is derived from the cost estimates associated with the twelve task orders listed under item 3 above in this JOFOC.

List of Interested Sources. The government received no questions, comments or statements of interest in response to the 15-day notice posted to bets.sam.gov on March 3, 2021.

10. Future Actions to Foster Competition. All future acquisitions for A-E IDIQ services unrelated to this particular requirement will be available for competition, either through full and open competition, or through full and open competition after exclusion of sources (e.g. as a small business set-aside). A new A-E IDIQ solicitation is anticipated to be released in May 2021.

11. Contracting Officers Certification. The contracting officer certifies that this justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

12. Approval.

I certify that I have reviewed the justification provided above, and it appears to be accurate and complete to the best of my knowledge and belief. As such, this justification is approved.

Sheri Walsh Date Contracting Officer

Wendy Longley Date Project Management Branch Chief

David Sett Date Division Counsel