A16-JOFOC_AE_RWQD-AP Signed_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:

TBD

April 1, 2020 Subject: JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Reference: Architect/Engineer (A/E) Services, GRCA 229035 – Phantom Ranch Wastewater Short

Term Improvements – Design Services for Design Development Documents (DD) and Construction Documents (CD)

Enclosure: (1) Designer of Record Selection

In accordance with FAR 16.505(b)(2)(ii), 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 16.505(b)(2), subject Justification for an Exception to Fair Opportunity 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/Jacobs for the subject construction project as described in paragraph 3 below. DSC issues separate task orders for A/E services during both the design phase and construction phase of each 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 will likely 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.

In this action, a separate stand alone contract will need to be issued as the existing IDIQ contract under which task orders were previously issued expired on June 29, 2020. The Request for Proposal was submitted to the firm on April 1, 2020; however, due to funding constraints and additional negotiation time required, award was not able to be awarded before this expiration date.

As a result, a new stand alone contract is required in order to complete these follow on services.

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

Nationwide IDIQ pool 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/Jacobs based on their demonstrated superior technical ability and quality. Enclosure (1), Designer of Record Selection, documents this action. To date, DSC has awarded the following task orders, associated with the above noted project, to this firm:

1. 140P2019F0368 Phantom Ranch Wastewater Short Term Improvements – Schematic Design Documents

c. This justification requests approval for the next phase of the work, proposed to be issued as a stand alone contract due to the expiration of the Base IDIQ contract on June 29, 2020. This action was initiated prior to the expiration; however, due to funding constraints, the award was not possible under the Base IDIQ due to its expiration and lack of capacity.

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

Design Development and Construction Documents with an estimated dollar value of $297,989.00.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

a. Exception: FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order previously issued under the IDIQ contract 15PC00018. All awardees were given a fair opportunity to be considered for the original order.

b. Rationale: DSC is seeking approval for a exception to Fair Opportunity requirements at FAR

16.505 for a logical follow-on stand alone contract based on the following rationale:

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

(2) The selected Designer of Record has assumed all responsibility and liability for their design to date. 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. This will result in unnecessary added costs for additional review, re-design effort, and inaccurate interpretation that are unjustified and for which there is no bona fide need.

(3) 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 services using this firm. Continuing on results in lowest cost and risk to the http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P464_78717 government. Conversely, not continuing with the selected firm poses additional cost and risks that are unnecessary and cannot be supported or validated.

5. 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 and pricing will be in accordance with the previously approved IDIQ billing rates. The recent IDIQ contract expired on June 29, 2020 and all costs will be negotiated with the rates established in the last option year.

6. Any other facts supporting the justification.

None

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

DSC will continue to comply with the Brooks Act, and FAR Parts 15 and 36 when obtaining A/E services under multiple award IDIQ contracts.

8. 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.

9. 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 an exception to fair opportunity) 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.

10. A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (E) of this section applies to the order.

Refer to attached Certifications and Approvals. Approval of this justification constitutes written determination that the approving official(s) concur that the circumstance described in paragraph 4 and allowed per the FAR apply to this order.

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 have been certified as complete and accurate:

Signature: Date:

Print Name: Title:

Contracting Officer Certification:

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

Print Name: Title: Contracting Officer

Legal Review:

>$500K or as requested:

Print Name: Title: Attorney-Advisor

Approvals:

>$25K – One Level Above Contracting Officer:

Signature: Date:

Print Name: Title: Branch Chief

>$150K – Chief of the Contracting Office:

Signature: Date:

Print Name: Title: Division Chief

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

Signature: Date:

Print Name: Title:

>$13.5M – Head of the Contracting Activity

Signature: Date:

Print Name: Title:

Amy Peabody 7 Jul 2020 Project Manager