JOFOC.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY: The JOFOC is executed by the USDA, Agricultural Research Service, Facilities Division (FD), Facilities Contracts Branch (FCB). The Contracting Officer (CO) is Patrick Reilly, 301-504-4520.

2. DESCRIPTION OF ACTION: In accordance with FAR 6.302-1(a)(2), this justification is for a sole source acquisition to Bailey Edward Design (BED), necessary to complete their previously issued scope of requirements for Architect-Engineering (A-E) design for the Replacement of Brick and Reseal Windows at the Dairy Forage Research Center (DFRC) located in Madison, Wisconsin.

3. DESCRIPTION OF REQUIREMENT: The previous contract for the design of this requirement was completed by BED, along with a study that indicated further design efforts were needed, based on the condition of the bricks and the water that is currently leaking into the building. The current requirement is for further design services and construction management services.

4. STATUTORY AUTHORITY: 41 U.S.C. 253(c)(1), as implemented by FAR 6.302-1(a)(2). This authority states that full and open competition does not need to be provided when there is only one responsible source and no other supplies or services will satisfy agency requirements.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: The original engineering documents were provided by a professional engineer employed by BED, who prepared and approved the documents. As such, BED assumed liability for the initial design represented by the project engineering documents. In order to maintain a single source of liability, any corrections, revisions, or additions to be made to the project are required to be made by the professional engineer, or a representative within the company, who originally signed and sealed the documents.

In accordance with FAR 36.608, A-E contractors shall be responsible for the professional quality, technical accuracy and coordination of all services required under this contract, and are liable for construction costs that result from errors or deficiencies in their design. Further, FAR Part 36.609-2, “Redesign responsibility for design errors or deficiencies,” requires contractors to make necessary corrections at no additional cost to the Government when the designs, drawings, or specifications contain errors, deficiencies or inadequacies. If another A-E firm was contracted to complete the design, the Government would not be able to enforce this liability and collect any amount due or enforce no-cost corrections. Consequently, it is unrealistic to expect a different A-E firm to assume the broad liabilities required by FAR Parts 36.608 and 36.609 stated above.

BED already possesses intimate knowledge of the Government’s requirement as they developed the original design documents. This knowledge will provide a higher quality product while reducing the period of performance and costs to the Government. Because they produced the original design for which liability is associated, BED is the only responsible source for this requirement.

In accordance with ARRA, agencies are required to take all necessary actions to mitigate the risks associated with schedule, cost and performance. Utilizing any other firm would increase these risks. Consequently, it is in the best interest of the Government to contract with BED Engineering to perform this design update due to the liability associated with A-E services.

6. EFFORTS TO ENSURE OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE: This procurement action was posted on the Federal Business Opportunities website (FBO) on 05/07/2010, as a Notice of Intent to Contract on a Sole Source basis. The posting was issued for 15 days as required by FAR 5.203(a). Zero responses were received as of 05/22/2010. In accordance with FAR 6.302-1, there is only one responsible source available and no other supply or service will satisfy the Agency’s needs because of the requirement for A-E responsibility and liability concerning the initial design and required update.

7. DETERMINATION OF FAIR AND REASONABLE COST: The cost submitted by BED is determined to be fair and reasonable based a review of historical data under their previous contract, their costs as a subcontractor under another A-E firm’s current contract, and a review and comparison with data of other A-E firms with current contracts with FD.

8. MARKET SURVEY: No market survey was conducted for this acquisition for the reasons stated in Items 4 and 5 above.

9. OTHER SUPPORTING FACTS: Not applicable.

10. OTHER INTERESTED SOURCES: Not applicable.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: This is not a new requirement, but an existing one, which included an investigative study and initial design work. Based on this initial work that was done, it is imperative to have the same firm completed the design. As such, there is only one responsible source for this particular requirement. No other action can be taken for competition of this task.

12. CERTIFICATION

Requirements/Program Office:

I certify the facts and representations under my cognizance included in this justification form are a complete and accurate basis for the justification.

Contracting Officer:

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