A02.14 SSJ Under SAT for HullLinesFlexibilityPoweringEmissionsWakeBallast - SAM.gov.docx

CUI

SOLE SOURCE MEMORANDUM FOR ACTIONS UNDER THE SAT

IAW FAR 13.106-1(b)(1)(i)

1. Contracting Activity: The United States Army Corps of Engineers (USACE), Humphreys Engineer Center Support Activity (HECSA)

2. Description of Action: Subject approval for acquisition of needed professional services via new firm-fixed sole-source or by other-than-full-and-open-competition acquisition to undertake follow-on work by Herbert Engineering Corporation (HEC; qualifying as a small business) is based on benefits to interests of the Government for critical described technical work involving naval architecture related applications for vessel operations analysis. These applications are of measurable value for economic and engineering evaluation of USACE-sponsored waterway systems improvements conducted in support of the agency’s civil works program for planning of new work and support for evaluation of associated operations and maintenance (O&M) (for additional information see attached or accompanying narrative or documentation titled Professional Services to Conduct Review & Update of Modelling Relationships & Associated Computerized Applications – CADET, Hull Lines Flexibility, Powering & Emissions, Ballast Templates & Wake Screening Applications(s) with Options(s) for Limited Compilation of Additional Hull Profiles - August 2023).

3. Description of Supplies/Services: Conduct technical review & update of modelling relationships & associated computerized applications – CADET, Hull Lines Flexibility, Powering & Emissions, Ballast Templates & Wake Screening Applications(s) with options(s) for limited compilation of additional hull profiles for the vessel line library (for additional information see attached or accompanying narrative or documentation identified for item 2., preceding). The independent Government estimate (IGE) of costs totals less than $XX,XXX.XX with a period of performance of approximately one year in duration.

4. Authority Cited: 10 U.S.C. 2304(C)(1) or 41 U.S.C. 253(C)(1) as implemented in FAR 13.106-1(b)(1)(i)

5. Reason for Authority Cited: This action requires and justifies the use of subject authority based on the nature of limited market availability of specific knowledge, skills, and experience essential to professionally competent, timely and cost-effective execution of needed work efforts. Request is for assignment of work to Herbert Engineering Corporation (HEC) of Alameda, California based on prior fully competitive selection of the firm for demonstrated industry-leading expertise in the area of naval architecture and marine engineering, and development of affiliated analytical applications for vessel operations applicable to USACE study and evaluation of waterway improvement projects. Unique qualifications include the development of vessel management applications for vessel design in addition to load stowage and stability management with such applications applied as an industry standard for other U.S. Government agencies (Military Sealift Command), the private sector (various shipping companies), and classification societies such as the American Bureau of Shipping (ABS) (for additional information see attached or accompanying narrative or documentation identified for item 2., preceding).

6. Efforts to Obtain Competition: Efforts were extended some years ago when associated work efforts were started with expectation that work would need to be undertaken over a period of years subject to fiscal budgets and resources of the Government and the civil works program of USACE. These efforts involved extensive market research over a period of several months concurrent to informal and opportunistic research (research and inquiry as time and resources would allow over time) that had been conducted over a period of two to three years. This was followed by formal solicitation for services via full and open competition to seek out and secure highly qualified and competent professional services from what was (and still is) believed the most technically knowledgeable and qualified entity for needed work combined with objective considerations for best or at least, equal cost effectiveness compared to any other firm professionally engaged in like or a comparable realm of work. Once selected, commitment was made on the part of the Government to the methods, techniques and approaches of the selected firm for consistency in technical approach and analytics for related marine engineering products essential to viable technical endeavor in a cost-effective manner given the nature of the work. More recent efforts to aggressively obtain competition simply have not been undertaken given the technical commitment involved, the performance of the contractor which has consistently exceeded any applicable standard and specifications or requirements of specified work and the overall notable cost-effectiveness of the firm’s work efforts. Evaluation in these contexts indicates it is simply not in the interests of the Government to assign what constitutes follow-on work at this time or in the foreseeable future to another entity (for additional information, especially concerning the issues of commitment to technical methods and process, see attached or accompanying narrative or documentation identified for item 2., preceding).

7. Actions to Increase Competition: Subject work efforts described for securement of professional services outlined in the supporting performance work statement (PWS) constitute follow-on work of a highly-specialized technical nature. Prior justifications for restricted competition, sole-source acquisition, and justification for other than full and open competition have been sufficiently or acceptably substantiated for relatively recent placement of historical or prior needed technical work with the subject contractor (Herbert Engineering Corporation; HEC). In reference to opportunities for interest or contestment and any absolute extent of barriers to interest or competition, reference response(s) to items 6, 8, and 9 herein. In context of potential capability to breakout subsystems or components for competition, this simply is not realistically viable given the nature of the work and the probable costs that would be incurred.

8. Market Research: Informal market research is done on a periodic ad-hoc basis for awareness of skills and technological capabilities that are or may be offered or newly brought to market or commercial availability by other potentially competitive firms. To-date, no firm to the knowledge of the technical manager (Ian Mathis; USACE-IWR; GS-14; 703 428-7257) possesses technical capacity or capabilities that warrant consideration for assignment of work to an alternative contractor or vendor on a technical basis and this is emphasized when considerations of costs are taken into account subject to fiscal constraints for budgets and associated time constraints (for additional information, especially concerning the issues of commitment to technical methods and process and cost analyses for transition to another contractor\vendor, see attached or accompanying narrative or documentation identified for item 2., preceding).

9. Interested Sources: Each year or time a contract for securement of professional services has been developed and technical work assigned to the recommended contractor, a posting or advertisement for opportunity of contestment has been placed in accordance with prevailing requirements for Government contracting acquisition law, regulation and practice and each time either relative few or no other entities have shown interest or responded or, without exception, the entities that have shown interest simply were, upon further review determined to not be sufficiently or adequately technically qualified, cost-effective, or neither qualified or sufficiently cost-effective to warrant further consideration by the Government for assignment of respective work.

10. Other Facts: None are believed to be necessary given responses to preceding queries or discussion, and with further reference to additional information provided in the attached or accompanying narrative or documentation titled Professional Services to Conduct Review & Update of Modelling Relationships & Associated Computerized Applications – CADET, Hull Lines Flexibility, Powering & Emissions, Ballast Templates & Wake Screening Applications(s) with Options(s) for Limited Compilation of Additional Hull Profiles - August 2023) and the affiliated performance work statement (PWS).

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable and in the interests of the Government for best value based on the preparation of an independent government estimate (IGE) prior to solicitation by the Government employee(s) familiar with the level of effort required and using current labor rates from contract actions with similar work. Per FAR 15.403-1(b)(3), certified cost and pricing data is not required.

DAVID A. KAPLAN

Procuring Contracting Officer Phone: 703-428-8487

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

DAVID A. KAPLAN

Procuring Contracting Officer Phone: 703-428-8487

Approval Based on the foregoing justification, I hereby approve award of a firm fixed price contract in the amount of $XX,XXX.XX on an other than full and open competition basis pursuant to the authority of FAR 13.106-1(b)(1)(i), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

DAVID A. KAPLAN

Procuring Contracting Officer Phone: 703-428-8487

Prepared by:

Bart P. Dziadosz Contract Specialist Phone: 703-428-8487

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)