A16_140P2020R0135_JOFOC_200911_1.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

DENVER SERVICE CENTER - CONTRACTING SERVICES

12795 WEST ALAMEDA PARKWAY

POST OFFICE (P.O.) BOX 25287

DENVER, COLORADO 80225-0287

IN REPLY REFER TO:

140P2020R0135 August 11, 2020

Subject: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Reference: Architect-Engineer (A-E) Services, Architect-Engineer Construction Services ,Stabilize

Ellis Island Seawall. STLI-211568

In accordance with FAR 6.303-2, the following information is provided:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

Pursuant to FAR 6.505(b)(2), subject Justification for Other than Full and Open Competition is hereby prepared on behalf of the Department of Interior (DOI), National Park Service (NPS), Denver Service Center (DSC).

2. Nature and/or description of the action being approved.

a. This action is a continuation of Architect-Engineer (A-E) design with CH2M Hill, Inc., for the referenced construction project described in paragraph 3. In lieu of issuing a single contract action for all A-E services related to construction project, this office issues separate contract actions for partial phases of A-E services required during design and construction of the project due to the following:

(1) Firms are unable to propose accurate, firm fixed-prices on the entire design effort before design concepts are established or approved;

(2) Government review, budget constraints, and other unforeseen events often result in unanticipated revisions to the design, and

(3) Funding is not typically available for the entire design, including A-E review during construction, up front.

b. In accordance with the Brooks Act, FAR part 36.602-1, and FAR part 16.505(b), DSC requested capabilities for proposed project design teams from all firms holding an IDIQ contract under the NPS FY15 Nationwide General Engineering Support Services for review and selection as the “Designer of Record” for the entire construction project.

After a thorough technical review of all submittals, this office selected CH2M Hill, Inc., based on their demonstrated superior technical ability and quality. To date, DSC has awarded the following task orders, associated with the above noted project, to this firm under their IDIQ Contract #P15PC00018:

P16PD02775 issued on September 21, 2016, for Supplemental Services for Inspection, Condition

Assessment and Predesign 140P2018F0135 issued on May 16, 2018, for the Design Kickoff Meeting 140P2018F0050 issued on August 1, 2018, for Design Services for Predesign, Schematic Design, Design Development and Construction Documents

c. The IDIQ contract is expired. This justification requests approval to solicit and award the next phase of work described in paragraph 3 in the open market using authority for other than full and open competition contained in paragraph 4.

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

Architect-Engineer Construction (Title III) services: The estimated at a value of this action is approximately $1.116M.

4. Identification of the statutory authority permitting other than full and open competition.

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

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

a. The scope of work of the current requirement represents a continuation of the design concepts or design review services during construction. At this point of the project, the Designer of Record is the only firm that has complete understanding and vision to ensure remaining design effort and actual construction meet the intent and comply with concepts they developed.

b. The selected Designer of Record has assumed all responsibility and liability for their design. It is not feasible for another firm to either (1) use the Designer of Record’s concepts to complete the design; or (2) provide clarification and answer questions during construction on another firm’s design without significant added risk and liability. This will result in unnecessary delay and cost for additional review, re-design effort, and inaccurate interpretation that are not justified or warranted.

c. The Designer of Record demonstrated superior technical capability; performed satisfactorily; and proposed and negotiated fair and reasonable pricing. There is no evidence or rationale not to proceed with this firm. Continuing services results in lowest cost and risk to the government.

Conversely, not continuing with the selected firm poses additional cost and risks that are unnecessary and cannot be supported or validated.

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 subpart 5.2 and, if not, which exception under 5.202 applies.

A notice will of intent to solicit and negotiate with only one source will be published in beta.sam.gov (formerly FedBizOpps.gov) in accordance with FAR 5.203(a) and (d).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pricing will be determined fair and reasonable. Level of effort will be determined technically acceptable.

8. A description of the market research conducted (see Part 10) and the result or a statement of the reason market research was not conducted.

Market research was not conducted for this specific acquisition since the Designer of Record is the only source uniquely qualified to provide required services while maintaining contractual and design responsibility. However, market research was conducted to determine the most appropriate available A-E IDIQ multiple award pool from which to solicit the Designer of Record and to subsequently select the Designer of Record, as described in Paragraph 2.

9. Any other facts supporting the use of other than full and open competition:

None

10. A listing of 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 office is in the process of soliciting and awarding new IDIQ contracts for A-E services. Once new contracts are awarded, we will comply with the Brooks Act and FAR Parts 36 and 16 to obtain required A-E services.

12. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Refer to attached Certifications and Approvals.

13. 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 other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Refer to attached Certifications and Approvals.

CERTIFICATIONS AND APPROVALS

Technical Certification:

I certify that any supporting data that is the responsibility of technical or requirements personnel which form a basis for the justification are complete and accurate:

Signature: Date:

Print Name: Michael Morelli Title: Project Manager

Contracting Officer Certification:

I certify that the justification is accurate and complete to the best of my knowledge and belief:

Print Name: Albert O’Mara Title: Contracting Officer

Legal Review: >$500K or as requested:

Print Name: Title:

MICHAEL MORELLI

Digitally signed by MICHAEL

MORELLI

Date: 2020.08.11 10:44:23 -06'00'

ALBERT O'MARA Digitally signed by ALBERT O'MARA Date: 2020.08.13 11:28:56 -06'00'

Approvals: >$25K – One Level Above Contracting Officer:

Print Name: Darrin Knapp Title: Branch Chief

>$150K – Chief of the Contracting Office:

Signature: Lori Irish Date:

Print Name: Title: Chief, Contracting Office

>$700K – Bureau Procurement Chief/Bureau Competition Advocate:

>$13.5M – Head of the Contracting Activity:

Signature: Not applicable Date:

DARRIN KNAPP Digitally signed by DARRIN KNAPP Date: 2020.08.14 06:08:32 -06'00'

Digitally signed by LORI IRISH Date: 2020.08.14 07:10:52 -06'00'

CHECK ALL

APPLICABLE

Subject to comments and/or risk analysis see

NPS/DSC albert_omara@nps.gov (303) 969-2056 alan_stormont@nps.gov (303) 969-2117

140P2020R0135

CH2M Hill, Inc.

08/14/2020

08/19/2020

Legal review of JOFOC. IGE=$1.116M

1. JOFOC 2.a. - Isn't it typical to first set a construction maximum price and then use the 6% limit for the design budget? To the extent this process is used, one would expect there to not be much price variation after commencement of the design process. What role do design concepts and design revisions actually play? And how do those concepts intersect with the AE's obligation to provide a design that allows construction within the government's identified funding limit?

2. JOFOC 2.a.(3) The statement "Funding is not typically available for the entire design, including A-E review during construction, up front" creates risk for being interpreted as raising an appropriations timing and need issue. Is the 'entire design' non-severable, or is each component severable? Is there a way to re-phrase?

3. JOFOC #2.c. versus #11 create some confusion - #2.c. states:

"This justification requests approval to solicit and award the next phase of work described in paragraph 3 in the open market using authority for other than full and open competition contained in paragraph 4." #11 states: "This office is in the process of soliciting and awarding new IDIQ contracts for A-E services. Once new contracts are awarded, we will comply with the Brooks Act and FAR Parts 36 and 16 to obtain required A-E services."

Question - Is DSC going directly to CH2M Hill to establish a contract for the Title III services? Or, does DSC have a future plan to issue a task order to CH2M Hill under the assumption that CH2M Hill will eventually be awarded a new very broad scope IDIQ contract?

4. There should be a follow-on legal review of the clauses, provisions and pricing in the CH2M Hill Title III award, in combination with the final JOFOC.

LISA BUECHLER

Digitally signed by LISA

BUECHLER

Date: 2020.08.19 16:45:22 -06'00'

8/28/20: Legal Review comments are addressed as follows:

1) This contract is for A-E Services during Construction (Title III) and not design services and does not contribute towards the 6% statutory limitation for construction documents.

2) The entire design is severable in that DSC normally awards . It is difficult to determine how DD/CD phase is to be developed prior to completion of the PD/SD phase--likewise, the Title III phase. This is a line item funded project and appropriations are made to complete the project.

The funding is just not provided for all of the phases up front.

3) DSC plans to issue a contract directly to CH2M Hill for Title III services.

4) The clauses and provisions has been completed by previous legal review of the solicitation.

No further action is needed.

Bureau Procurement Chief Review National Park Service

Date :

Document Type:

If other, please specify:

Document Number:

Contract Specialist:

Contracting Officer:

Approved

Approved Subject to Comments

Not Approved per Comments

Date

Comments:

National Park Service

08/31/2020

Justification for Other than Full and Open C

140P2020R0135

Albert OMara

Digitally signed by ELIZABETH MCCABE Date: 2020.09.11 12:00:01 -06'00'

IAW AP&P 1443.06-01 Revision 1 Enhancing Competition and Contracting by Other than Full and Open Competition, the JOFOC for 140P2020R0135 for Architect-Engineer Construction (Title III) services in the estimated amount of $1.116M is hereby approved subject to the following comments. Note: all required documents received on 8/31/2020

1. Please ensure you publish a Synopses of Proposed Contract Action in accordance with FAR Subpart 5.2.

2. IAW DOI-AAAP 0075, RFP 140P2020R0135 and the resultant contract award both require legal review.

3. Please ensure you publish this JOFOC IAW FAR Subpart 6.305.

4. Please identify who responded to legal's comments.

09/11/2020 - Response to BPC comments: (1)-(3): Noted; (4) CS with input from BC and CO

Elizabeth Walden McCabe, Bureau Procurement Chief