A13 - Justification for Other Than Full and Open Competition(v2).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Engineering and Structural Analysis And Construction Study of the

NC Highway Patrol Communications Tower Facility For Potential Relocation

Identification Number: NWWN9312-20-00437

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

Department of Commerce, National Oceanic & Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) in support of the National Weather Service (NWS) Greenville/Spartanburg Weather Forecast Office located in Greer, SC.

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

Approval is requested for a non-competitive Architect-Engineer (A-E) Services contract. A new firm-fixed price A-E contract with Engineered Tower Solutions, PLLC (ETS) for an engineering and structural analysis and construction study at the North Carolina State Highway Patrol Voice Interoperability Plan for Emergency Responders (NCSHP-VIPER) facility is proposed.

NWS currently leases tower space located in Greer, SC. However, the tower owner does not have the funding required to maintain the site, and due to the excessive cost for upkeep have had to sell off the site and thus force NWS off the tower. The current tower being used has failed structural analysis and is in danger of collapse. This is an industry wide issue as the broadcast industry is losing revenue to adequately maintain its infrastructure, so it’s vital NWS relocates their NWR equipment to a tower on a secure and properly maintained site. If NWS does not move their NWR equipment to a new tower location it could become a public safety issue as weather forecast and warning data would not be properly transmitted, causing emergency response failures and possible loss of life and property.

NWS is looking into the feasibility of a requirement to move its NOAA Weather Radio (NWR) equipment to a new tower location in Mooresville, NC. The new suggested location is owned and operated by NCSHP within their system of VIPER telecommunication towers. If this is study is deemed favorable for NWS, and any needed modifications to the tower or space provided by NCSHP prove to be cost-effective, a move to this location could result in a no-cost lease and significant savings in tower up-keep costs.

Prior to the placement of equipment on a VIPER tower and leasing of NCHSP space, NCSHP requires NWS to complete an engineering and structural analysis in accordance with the Expectations and Procedures for Tower and Building Co-Location document. Additionally, NCSHP has entered into a firm-fixed price A-E contract with an engineering firm, ETS, as the sole provider of these services. As a result, NWS seeks to contract directly with ETS to provide the required studies.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

In accordance with the Expectations and Procedures document, ETS will perform a structural analysis on the VIPER tower to evaluate whether the tower’s current configuration and construction can support NWS’s equipment within the compliance of TIA-222 Rev. G. NWS anticipates failing the structural analysis resulting in the need for NWS to make modifications to the tower in order to support NWS’s equipment, at the expense of NWS through a separate contract vehicle. However, the magnitude and cost of such modifications cannot be determined until completion of the structural analysis.

ETS will provide A-E services for co-locating on a pre-existing tower to include a structural analysis of the tower and any designs for the required tower modifications. If NWS finds the modifications needed to be economical, a separate purchase order will be issued and competed to make these modifications, using the drawings and mappings provided by ETS.

Additionally, if NWS decides to move their equipment and infrastructure onto a leased space, NCSHP has assigned an abandoned concrete pad with a primary energy source. NWS can use this space to construct a transmitter shelter housing an emergency propane generator and connected to the antenna atop the tower. As part of this procurement and in accordance with the Expectations and Procedures document, ETS will provide A-E services including foundation mapping/drawings, site zoning and construction drawings, and a post construction inspection to ensure NWS’s shelter and power connections are up to code. After these studies are provided to NWS and if NWS finds them feasible, NWS will either use their internal manpower to move all their equipment over or issue a separate purchase order to contract it out.

Once these studies have been completed, approved, and stamped by ETS, these reports will be routed to NCSHP for approval of NWS co-locating on the VIPER tower. If approved by NCSHP, NWS will use this information to decide if co-locating on a VIPER tower is the best solution or if other tower spaces for lease need to be considered. The period of performance for the completion of these A-E services will be six (6) months. The estimated cost associated with these services is $22,000.00.

4. An identification of the statutory authority permitting other than full and open competition (FAR

6.303-2(b)(4)).

The Brooks Act (Public Law 92-582), also known as Qualifications Based Selection (QBS), establishes the procurement process by which A-E’s are selected for design contracts with federal design and construction agencies. One basic tenant under QBS includes the development and ranking of a short-list of at least three qualified firms. However, based on the sole source nature of this requirement, the proposed acquisition cannot be competed in this manner and would therefore not fall under the Brooks Act. This QBS process has already taken place by NCSHP resulting in an award to ETS and the subsequent stipulation of NCSHP to use the engineering services of ETS when seeking to co-locate on their towers.

Accordingly, it is the Government’s intent to award this contract on a sole source basis under the statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

NWS is seeking to co-locate its NWR equipment which consists of an antenna and transmitter shelter to an existing NCHSP VIPER tower. NWS has a long standing working relationship with NCSHP and their VIPER sites are very secure and are located at strategic geographic locations thus maximizing coverage. VIPER is a statewide, interoperable voice system that supports all first responders in North Carolina. This system comprises of local, state and federal first responder partners with approximately 136,500 users currently on the system. With so many users depending on VIPER for their daily operational needs to serve the citizens of North Carolina, it’s imperative to preserve the integrity of the tower sites and keep them operational at all times. ETS has been awarded the NCHSP contract to maintain these sites and has proven to be reliable, trustworthy and provide quality work. This location is also advantageous to the Government as it will allow NWS to operate under a no-cost lease.

In order to co-locate on one of their towers, NCSHP requires all tenants to follow the Expectations and Procedures for Tower and Building Co-Location on NCSHP VIPER towers. NCHSP has contracted

ETS to provide the engineering services contained in the Expectations and Procedures document, so NWS must use ETS for an initial structural analysis and construction zoning study if it wishes to explore the option of a co-location.

After a thorough and competitive procurement process under the State of North Carolina’s acquisition policies and procedures, ETS was selected as the best qualified contractor by NCSHP and the North Carolina State Construction Office to provide A-E services for the North Carolina owned and operated fleet of VIPER towers. NCSHP entered into a firm fixed price contract with ETS to be the sole provider of A-E services throughout their VIPER system. As such, ETS is the only firm with access to NCSHP’s VIPER towers, facilities, and land, as well as any drawings or mappings of the entire VIPER system. By keeping this data repository, ETS is able to provide technical consultation to maintain the integrity of the towers and reduce expenses. This has created a unique barrier to entry and any other firm that suggests they are capable of doing this work would be rejected by NCSHP as unauthorized.

If this action were to be solicited to other firms using the Brooks Act procedures, the Government would incur unnecessary and significant delays. Each prospective firm’s qualifications would have to be sent to NCSHP for approval, only to be subsequently denied. Even if any other A-E firm could be approved by NCHSP, they would face an additional barrier of increased costs to obtain all the information and knowledge required to get up to speed on the workings of the VIPER system. These costs would then presumably be passed onto the Government.

Moreover, NWS’s equipment is currently on a failing tower. If the Brooks Act were to be used and the equipment isn’t moved as soon as possible, the Government runs the risk of the current tower falling and damaging NWS’s equipment. This would cause undue costs to replace the equipment and also risk public safety if there is no functioning NWR transmitter in that region.

Based on the information above, the Government would benefit from utilizing the authority provided at

FAR 6.302-1.

6. A 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 FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

EAD posted a Sources Sought notice to beta.sam.gov on August 4, 2020 indicting the government’s intent to award to ETS on a sole source basis under the authority of FAR 6.302-1. One (1) response was received from a firm providing their capabilities statement, however that firm is not authorized to work on NCSHP Viper Towers. No firms responded to this notice challenging the basis for this sole source acquisition. This determines that adequate competition is not available.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on NCSHP’s fixed price contract for these services and the competitive nature in which the contract to ETS was awarded. Per discussions with the VIPER Project Manager, NCHSP would be unable to recoup the costs directly into their budget if NOAA’s contract was issued to NCHSP, passed through to ETS, and then NOAA reimbursed NCHSP. Therefore, this contract will not be issued against NCSHP’s contract, but rather directly to ETS. Prior to award of the proposed contract, price information shall be obtained from the contractor to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable. The Contracting Officer shall attempt to negotiate pricing with ETS, as well as, confirm the proposed pricing is in line with NCSHP’s firm fixed price contract by conferring with NCSHP.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

No additional market research was performed as the tower owner, NCSHP, only allows their contracted engineering firm to accomplish this task.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

n/a

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

One (1) source, AllState Tower Group, indicated an interest as a result of the notice posted to beta.sam.gov on August 4, 2020. However, that firm is not authorized to work on NCSHP Viper Towers. Furthermore, AllState’s response was not geared towards this particular project, but more so submitting their capabilities to NWS as a source for any other upcoming tower analysis projects.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services.

This particular tower location is outside the norm, as NCSHP requires the use of their contractor to see if it advantageous to place NWS equipment on NCSHP towers. Future tower locations would not have the same restrictions, allowing for competition to take place.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

CAMPBELL.BRIAN.DAVI

S.1044940457

Digitally signed by CAMPBELL.BRIAN.DAVIS.1044940457 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=OTHER, cn=CAMPBELL.BRIAN.DAVIS.1044940457 Date: 2020.09.08 11:25:57 -04'00'

Brian Campbell, Regional Equipment Specialist Date

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

(Signature above; insert typed name under signature) Date Contracting Officer

9/8/20