A20 J_A Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFCO)

Control No. 2024-WHS-1070

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY:

The Department of Defense (DoD), Washington Headquarters Services (WHS) Acquisition Directorate

(AD) Enterprise, Facilities & Construction Division (EFCD).

2. DESCRIPTION OF ACTION:

This action requests the approval of a sole source procurement to HDR Architecture, Inc. (HDR

Architecture) to continue providing Architectural & Engineering (A&E) support for a four-month base period and two one-month option periods, making the period of performance from April 01, 2024 through

July 31, 2024 plus an extension up to two months in accordance with (IAW) Federal Acquisition

Regulation (FAR) 52.217-8. This is a firm-fixed-price contract with a total estimate value of

3. DESCRIPTION OF SUPPLIES/SERVICES:

This requirement is for A&E services in support of design and construction activities related to

Government planning, programming, and execution of projects located at the Pentagon Reservation in

Arlington, VA; federally owned and DoD/WHS controlled leased buildings in the National Capital Region

(NCR) area; and in PA. The nature of work includes, but is not limited to: Master planning, transportation planning, and designing construction. Work may require briefings and submissions for review to the National Capitol Planning Commission (NCPC), Commission of Fine Arts (CFA), and State Historic Preservation Officer (SHPO).

The anticipated projects and resultant task orders under this contract shall include support in various engineering disciplines such as civil, structural, blast analyses, geotechnical, environmental engineering, mechanical, controls, plumbing, electrical, interior and landscape architecture, space planning, master planning, transportation infrastructure, transportation demand management, and other technical disciplines.

Under this contract, and at the option of the Government, the Contractor may be required to furnish all or some of the following tasks: design development as related to the project requirements; contract document development (to include drawings, specifications, cost estimates, and other associated documents); building and site surveys; engineering and architectural related investigation; studies such as ones that assist EFCD in meeting environmental, natural resource conservation, and other sustainability mandates and requirements; development of Military Construction (MILCON) documents, technical research, and economic analyses; construction cost estimates; and A&E support of construction activities, such as executive presentations, geotechnical analysis, various data collection inspections, video observation and tests, value engineering, construction inspection, submittal reviews, and preparation of as-built drawings.

The Contractor shall provide design and specification documents in support of the Design-Bid-Build

(DBB) and/or Design Build (DB) construction projects to capture modifications and renovations to facilities in the Pentagon and WHS managed facilities within the NCR. Prospective projects may include design and rehabilitation of some elements of the Pentagon Reservation infrastructure and utilities, such as tenant space fit out, Combined Heat Power, chillers, boilers, cooling towers, irrigation and storm water improvements, paved areas, landscaping, security improvements, fire protection, security engineering analysis, risk analysis, electrical, mechanical, controls, structural analyses and rehabilitation, preservation and renovation of office sites, and other specialty work. The Government reserves the right to determine the specific project type and tasking within the broad parameters of this contract. The required A-E services will be stipulated in each individual task order.

a) b)

Performance Period Performance Period Date Amount

Base Period April 01, 2024 through July 31, 2024 $

Option 1 August 01, 2024 through August 31, 2024 $

Option 2 September 01, 2024 through September 30, 2024 $

Total Base with 2 Options extension bridge price $

4. AUTHORITY CITED:

This contract action will be accomplished under the authority of 10 U.S.C. § 3204(a)(1) as implemented by FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements.

5. REASON FOR AUTHORITY CITED:

Pursuant to 40 U.S.C. § 1101 et seq., as implemented by FAR 36.601-1 – Public Announcement, HDR

Architecture was selected to provide A&E support services to the Facilities Services Directorate/

Engineering Construction Management/ Engineering & Architecture Division – (FSD/ECM/EAD), which includes working closely with the Government Indefinite-Delivery Indefinite-Quantity (IDIQ) Contracting

Officer’s Representative (COR), the COR assigned to each task order, and other stakeholders to accomplish the objectives of the task orders issued under HQ003423D0025.

This J&A is necessary because failure to approve the J&A may result in the delay of provisioning highly specialized engineering services, which will have impacts to project acquisition schedules, resulting in a loss of service to FSD’s internal and external clients, including the Office of the Secretary of Defense, the

Pentagon Building Management Office, and the Heating and Refrigeration Plant. The contract to extend current services will cover budgeted and expected expenditures for FY24. To streamline the process, reduce cost, and deliver the facility in a timely manner, an extension of the current contract must be utilized by FSD to prevent unacceptable delays in fulfilling requirements.

6. EFFORTS TO OBTAIN COMPETITION:

FSD is actively seeking time-sensitive A&E procurements during the time-period covered by the contract.

The A&E recompete was posted on the Procurement Integrated Enterprise Environment (PIEE)

(https://piee.eb.mil/) on March 16, 2022, with a response date of May 19, 2022. Posting on PIEE was in accordance with 40 U.S.C. § 1101 and FAR 6.102(d)(i). The government is currently evaluating the seven firms’ SF330-Architect-Engineer Qualifications document.

The Brooks Act requires agencies to promote open competition by advertising, ranking, selecting, and negotiating contracts based on demonstrated competence and qualifications for the type of engineering and design services being procured, and at a fair and reasonable price.

Contract HQ003417D0012 expired on March 31, 2023. To avoid gap of A&E services, a bridge contract

HQ003423D0025 was awarded to HDR Architecture for one-year effective April 01, 2023. The current bridge contract is set to expire on March 30, 2024. Without a bridge contract in place, there will be negative impacts on all projected projects and the mission accomplishment of FSD/ECM/EAD to its customers at the Pentagon Reservation, federally owned and DoD/WHS controlled leased buildings in the

NCR area, and RRMC.

7. FAIR AND REASONABLE COST DETERMINATION:

In accordance with 40 U.S.C. § 1104(a), in determining fair and reasonableness, the contracting officer shall consider compensation, the scope, complexity, professional nature, and estimated value of the services to be rendered. The contracting officer shall determine prices to be fair and reasonable in accordance with

FAR 15.404-1(b)(2)(ii) comparison to historical proposed prices, as well as a comparison of the proposed prices with the independent Government cost estimates pursuant to FAR 15.404-1(b)(2)(v).

8. MARKET RESEARCH:

The most current market research conducted was for the follow-on contract. No additional market research is needed. That is because this J&A is an extension of the current bridge contract; the information sourced from the most current market research remains current, accurate, and relevant; and the most current market research was conducted within 18 months of the current bridge, which was awarded on April 01, 2023.

Thus, such efforts are in accordance with FAR 10.002(b)(1).

The government conducted the following market research:

1. WHS/AD posted Sources Sought Notice (SSN) HQ003421SSN712 for 30 days to SAM.gov on July 12, 2021. A total of eight firms responded by the closing date of August 12, 2021. Cameron DeLancey from

EAD conducted capability assessments of all respondents. Of those eight interested firms, six demonstrated the capability to perform A&E services based on 1) Specialized Experience and Technical Competence and

2) Professional Qualifications. However, the capability criteria in the SSN did not adequately reflect the magnitude of A&E Services required nor the complexity of such requirements.

2. WHS/AD posted Revised SSN HQ003421SSN712-0001 for 35 days to SAM.gov on October 25, 2021.

A total of eleven firms responded by the closing date of November 29, 2021. Matthew Muhlenkamp, Projects Lead and Program Manager at EAD, conducted capability assessments of all respondents.

Upon completion of all capability assessments, it was determined that HDR Architecture has the knowledge and experience required and is the most highly qualified firm to successfully perform the tasks required under this contract and can do so without any delays on this statutorily required timeframe.

9. OTHER FACTS:

The approval of this J&A will allow the evaluation board to continue the ranking and selecting the most highly qualified firms for interview and negotiation. If the contracting officer is unable to negotiate a satisfactory contract with the firm, the contracting officer formally terminates negotiations and will have to conduct negotiations with the next set of most qualified firms, continuing the process until an agreement is reached per 40 U.S.C. § 1104(b).

The evaluation and award of the follow-on A&E contract was delayed in 2023 due to the FSD 2.0

Realignment. The team members assigned for evaluation of the technical proposals from the EAD were all reassigned to different leadership roles and positions throughout FSD in the Pentagon. Addressing comments from Policy, Legal, and the Contracting Officer became challenging as the team claimed they didn’t have time outside of their daily positions to return and respond to our inquiries. We were able to engage the Engineering and Construction Director who provided us the needed support to complete the evaluation and award of this new A&E contract. The follow-on acquisition effort will require an additional four months, which is the purpose of this new contract to extend current services so the mission can continue without disruption to FSD.

10. INTERESTED SOURCES:

There are no additional sources interested in the current contract action.

11. ACTIONS TO INCREASE COMPETITION:

The follow-on A&E synopsis was posted on PIEE, which received seven responses. All future A&E requirements shall be posted in PIEE to continue to receive responses from multiple firms.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

Yes. A copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification were ☐ were not completed.

No. The original acquisition was conducted on a competitive basis.

☐ Not Applicable. This is a new requirement.

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CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

CONCURRENCE

Based on the foregoing, I hereby concur with this justification and recommend approval.

APPROVAL

This justification is approved.

Date