A16_JOFOC_GSA_Logical_Follow-On_EVER_HIM_CMR_Services-Updated_8-16-22_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:

EVER HIM CMR SERVICES

August 16, 2022

Subject: JUSTIFICATION FOR LIMITING SOURCES

Reference: CMR Services for Everglades National Park HIM Program Construction Projects, EVER 244476, 251118, 240181, and 244337

In accordance with FAR 8.405-6(c), the following information is provided:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for Limiting Sources under a FSS for a logical follow-on.”

Pursuant to FAR 8.405-6(c), subject Justification for Limiting Sources under a FSS for a logical follow-on 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.

NPS DSC intends to limit the number of sources and award a task order to Pond & Company pursuant to FAR 8.405-6 for the award of Construction Management Representative (CMR) Services, using its pre-existing General Services Administration (GSA), Multiple Award Schedule (MAS) contract number # GS-00F-363GA. The award comprises existing prices, which have been determined fair and reasonable. The proposed contractor is as follows:

Pond & Company 3500 Pkwy Ln Ste 500, Peachtree Corners, GA, 30092 CAGE Code: 1ENB3

(678) 336-7740

This justification requests approval for the next phase of the work, proposed to be issued as a follow-on task order, as described in paragraph 3 below.

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

a. This action is a continuation of the Construction Management Representative (CMR) Services with Pond & Company for the Everglades National Park HIM Program construction projects.

DSC issues a task order for the CMR services prior to the construction stages starting for the identified projects. Pond & Company (Pond) was selected for award for all CMR Services for Everglades National Park HIM Program Projects in accordance with the applicable Federal Supply Schedule ordering procedures. The efforts were assumed to be for a one-year period with a six-month option, due to unforeseen circumstances outside of the control of Pond, the projects were delayed or not initiated until far later points in time than originally estimated.

This effort will provide continued services of the efforts and establish continued rates and a period of performance beyond 09/30/2022. The Base effort of this requirement would be for the initial optional CLIN to execute services for EVER 244476 Construct MSD Visitor Center, all other CLINs will be Bid Options to be utilized, if necessary, based on the current active construction schedule of each individual project.

b. In accordance with FAR 8.002 and Subpart 8.4, with the basis for issuing an order against

Federal Supply Schedules, DSC requested proposals for a CMR team for the Everglades National Park HIM Program Construction Projects from all firms awarded under Multiple Award Schedule, Engineering Services, Category 541330ENG for review and selection as the CMR to manage the project and the project sharepoint software and website for the entirety of all identified construction project.

c. After a thorough technical review of all submittals, this office selected Pond & Company as the overall Best Value to the Government based on their demonstrated superior technical ability, quality, and price. To date, DSC has awarded the following task orders, associated with the above noted project, to this firm:

GSA Schedule # GS-00F-363GA Task Order 140P2021F0057

d. The CMR shall be responsible for providing of construction management services as required by the scope of services for all identified projects. The CMR is responsible for supporting and managing the performance of the on-site inspectors. The CMR shall be responsible for the overall management and quality of the provided services required by the scope. The estimated value of this action is $1,406,931.60.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

a. Exception: 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

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

8.405-6(a)(1)(C) for a logical follow-on task order based on the following rationale:

(1) The scope of work of the current task order represents a continuation and exercised option of the CMR Services for Everglades National Park HIM Program Construction Projects. At this point of the project, the CMR is the only firm that has the complete understanding, day-to-day operations, and sharepoint management to ensure the identified projects are not delays, impede, restricted or confined by the replacement of a suitable CMR firm to meet the intent and comply with concepts they developed by NPS/DSC/Everglades National Park/General Contractor(s).

(2) The CMR 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 utilizing Pond & Company. Continuing the services results in the lowest cost and risk to the government. Conversely, not continuing with Pond poses additional cost and risks that are unnecessary and cannot be supported or validated.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

The contracting officer has determined that issuing the proposed task order to Pond & Company represents the best value and will result in the lowest overall cost, considering price and administrative costs, to meet the Government’s needs. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” GSA has already negotiated fair and reasonable pricing rates, discounts to these GSA schedule rates will be requested. Additionally, prior to issuance of the task order, the ordering activity will consider the level of effort and the mix of labor proposed to perform the specific task being ordered to determine that the total price is reasonable. The contractor’s labor mix and level of effort will also be compared to the Independent Government Cost Estimate (IGCE). Level of effort will be determined technically acceptable, and pricing will be in accordance with current GSA Schedule billing rates. All other direct charges will be negotiated for a fair and reasonable price and documented. Level of effort will be determined technically acceptable, and pricing will be in accordance with current GSA Schedule billing rates. All other direct charges will be negotiated for a fair and reasonable price. All pricing will be determined fair and reasonable and documented in a Price Negotiations Memorandum prior to execution of the Task Order.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

Market research was not conducted due to the fact that Pond has intimate knowledge of current operations and any attempts of selecting a new CMR to represent the identified project would have significant impacts on the schedule, budget and management of the HIM Program Construction Projects at Everglades National Park.

7. Any other facts supporting the justification.

The construction projects experienced multiple delays due to various unforeseen circumstances that affects the CMR services. The process to resolve those challenges required at least 665 calendar days due to the delays on EVER 24018, which had to be cancelled due to bonding issues and COVID related manufacture delays faced by the General Contractor awarded the construction contract for the project. The exact number of days are uncountable due to the additional communication to contractors for coordination and scheduling when facing the issues each individual project has faced.

8. 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 FAR 8.002 and Subpart 8.4, with the basis for issuing an order against Federal Supply Schedules when obtaining CMR services under FSS GSA Schedule contracts.

9. 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.

Digitally signed by HARRY

HARRY TURTSCHANOW TURTSCHANOW

Date: 2022.08.16 14:12:38 -04'00'

MATTHEW CARPENTER CARPENTER

Digitally signed by MATTHEW

Date: 2022.08.16 14:20:25 -04'00'

CERTIFICATIONS AND APPROVALS

Technical Certification or Requirements Personnel:

I certify 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) 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:

Signature: Date:

Print Name: Title: Contracting Officer

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

Legal Review:

>$500K or as requested:

Signature: Date:

Print Name: Title: Attorney-Advisor

>$750K – Bureau Procurement Chief/Bureau Competition Advocate

Signature: Date:

Print Name: Title:

BAI PERNEY

Digitally signed by BAI PERNEY DN: c=US, o=U.S. Government, ou=Department of the Interior, ou=National Park Service, cn=BAI PERNEY, 0.9.2342.19200300.100.1.1=14001000041988 Date: 2022.08.16 12:24:51 -06'00'

SHANNON BLACKBURN Digitally signed by SHANNON BLACKBURN Date: 2022.08.17 08:24:25 -06'00'

Alexander Fichtel 08/18/2022

See B05_PreSolSolicitorRvwForm_EVER CMR_APPROVED for approving signature