A13 - JOFOC PCAS B231 HVAC CO Signed.pdf

2/17/2022

SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PROJECT: PCAS for Bldg. 231 HVAC Renovations

PROCUREMENT REQUEST NUMBER: NB195000-22-00398

1. AGENCY/CONTRACTING ACTIVITY:

This justification for other than full and open competition is executed by the Department of Commerce (DOC), National Institute of Standards and Technology (NIST), Acquisition Management Division (AMD) on behalf of the Office of Facilities and Property Management (OFPM).

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This justification for other than full and open competition is for the issuance of a sole source Firm-Fixed-Price Purchase Order to CFR Engineering Consultants, Inc. (CFR) to provide Post Construction Award Services (PCAS) for the HVAC renovation in Building 231 located at the NIST Gaithersburg Campus.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS:

NIST requires an Architect/Engineer (AE) to perform Post Construction Award Services (PCAS) for Building 231 HVAC Renovations. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials and expertise needed to perform PCAS services including:

a. Attend bi-weekly construction progress meetings.

b. Review and approve all submittals, shop drawings, material samples, Test reports and manufacturer certifications.

c. Provide consultation (Field and In-Office) to government during the course construction.

d. Provide response to construction RFI’s with contract documents and estimates as needed.

e. Travel associated with the field visits to the construction site.

f. Perform field inspections and submit reports.

g. Prepare punch list of the incomplete or deficient work items.

h. Participate in commissioning of HVAC equipment.

i. Prepare as-built record drawings in AUTOCAD and PDF format and submit to

Government.

Services will be required during and throughout the entire construction period. The period of performance is 515 calendar days from award; however, this may be extended if completion of construction is delayed. The Independent Government Cost Estimate for these services is $55,729.92.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION:

The authority for this sole source is Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, as specified in 41 United States Code (U.S.C.) 3304(a)(1), Unique supplies or services available from only one source or only one supplier with unique capabilities.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED:

In 2019, NIST solicited proposals from all AE IDIQ Awardees to perform AE services for the Building 226 and 231 ACU and HVAC design. Technical evaluations and award recommendations were made based upon the entire scope of work that included contract documents. As a result, CFR was awarded Task Order SB1341-14-CQ-0024/1333ND19FNB195372. Through this Task Order, CFR performed AE design services and prepared plans and specifications to be utilized during construction; however, due to funding limitations, the construction project was not awarded.

Now that funds have become available, NIST requires an AE firm to provide PCAS during the construction that will be completed using the design prepared by CFR.

This PCAS requirement is considered a logical follow-on to CFR’s previous Task Order SB1341-14-CQ-0024/1333ND19FNB195372. The State of Maryland requires Professional Engineers to stamp/seal and sign drawings, CFR is the Designer of Record and is, therefore, the only reasonable source to provide these services.

6. 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:

In accordance with FAR 5.205(d), a Notice of Intent to contract for AE services was posted to SAM.gov.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

A detailed Independent Government Cost Estimate (IGCE) was prepared for this procurement. The IGCE is $55,729.92. This will be compared against the Contractor’s proposal to determine the reasonableness of the fair and reasonable cost.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE

PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON

MARKET RESEARCH WAS NOT CONDUCTED:

Market research was conducted using SAM.gov. CFR is currently active in SAM, is registered under the applicable NAICS code 541330, and has no active exclusions.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

None.

10. A LISTING OF THE 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 requirement is a logical follow-on to a previously competed order where all eligible Offerors were given fair opportunity to be considered for award. All future requirements shall be competed in accordance with the FAR.

12. CONTRACTING OFFICER' S CERTIFICATION:

By signature on this limited source justification, the Contracting Officer certifies that this justification is accurate and complete to the best of the Contracting Officer 's knowledge and belief.

MICHAEL WIGFALL DATE

CONTRACTING OFFICER

13. PROGRAM OFFICE CERTIFICATION:

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 limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

CARRIE KELLY DATE

GENERAL ENGINEER