Auxilium JOTFOC Signed_SM (17 Nov 20).pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

The contracting organization responsible for this action is the GSA-PBS-Acquisition Division (1PQB) located in the Thomas P. O’Neill Federal Building, 10 Causeway Street, 11th Floor, Boston, MA 02222.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

A modification will be executed for an additional $90,000 in funding, from $50,000.00 to $140,000 (not to exceed) for services associated with the relocation of one (1) residential displacees and two (2) nonresidential displaces. The original contractor being modificed was awarded to Auxilium, Inc.,who is the current contractor providing these services and deliverables at the site of the New Madawaska Land Port of Entry (LPOE) project, Madawaska, ME. The services are within the original Scope of Work (SOW) but the funding is being increased above its original amount and an extension will be made for services to be performed to out to July 31st, 2021.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The U.S. General Services Administration (GSA) Public Buildings Service (PBS) – Region 1 has a requirement to provide assistance and benefits to LPOE project’s three (3) displacees per the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act).

Due to the services and deliverables required of this contract, advising and assisting private property owners displaced by the LPOE project, a good faith estimate by GSA and the Contractor was agreed to at the base award. However, when GSA drafted its SOW, and when it accepted the contractor’s proposal, there were significant unknowns with regards to the needs of the displacees. The three (3) displacees needing relocation have required significantly more assistance and advisory services than was initially estimated.

The residential displacee requires replacement Housing of Last Resort, and due to ADA requirements, that housing also will need renovations by at least five (5) contractors.

Developing the Relocation benefits calculations for the nonresidential displacees requires the hiring of additional experts, a Fixed Asset Appraiser and a General Contractor Estimator. The nonresidential displacees will require in-person monitoring when they close their restaurant location, and remove or abandon in place more than 200 personal property items.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

DocuSign Envelope ID: 2325BF2F-DC31-461A-A397-60C87822CCDE

The procedures under FAR 13.5 were used in accordance with 41 U.S.C.1901 - Only one responsible source and no other supplies or services will satisfy agency requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY

CITED ABOVE (APPLICABILITY OF AUTHORITY)

Auxilium, Inc. is the current Relocation Counselor at the LPOE project, and has established an open and honest dialogue and trust with the displacees. This modification is for ongoing services within the SOW. To switch contractors in the middle of relocation efforts is not advisable or appropriate, and if done, may provide conflicting or confusing advice and assistance to the displacees, which would run counter to the intent of the Uniform Act. Auxilium must continue to be the Contractor for the relocations at the LPOE project.

Auxilium’s position as the current relocation counselors allow them to have the unique capability to coordinate all efforts involving relocations to their completion as required under the SOW.

As the current relocation contractor, Auxilium is uniquely qualified to provide the services the Government needs in accordance with the SOW, and the Uniform Act.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

Based on information provided by subject matter experts, it was deemed practicable to only solicit the completion of the relocation counselor services from Auxilium.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

A price analysis was performed on the quote provided by Auxilium to complete the work under the current SOW. The price was compared to the government’s estimate and historical awards for similar services and was determined to be fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

No market research was performed. Auxilium is currently contracted as the relocation counselor at the LPOE project, and no other company can meet the needs of the Government.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

N/A.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

State “See Section VI above.”

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING

SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED

In future relocation counselor contracts, GSA should consider including into the IGE a more conservative estimate of the amount of labor hours to complete relocations for unique displacees in remote locations. Such estimating would increase the cost to the Government at the base contract, but would also better capture the hours required to complete the SOW and negate the need for modification.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Huy Le Date Contracting Officer

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.303-2(b)).

Sara Massarello Date Realty Specialist

Digitally signed by HUY LE DN: C=US, O=U.S. Government, OU=General Services Administration, CN=HUY LE +

OID.0.9.2342.19200300.100.1.1=4700100288

Reason: Authorized as Contracting Officer Location: your signing location here Date: 2020-11-16 12:21:58 Foxit PhantomPDF Version: 10.0.0

HUY LE

11/17/2020

EXHIBIT A

Hours Rate

$10,000.00 Fixed Asset Appraiser

$10,000.00 GC Estimator

75.00 $200.00 $15,000.00 September

40.00 $150.00 $6,000.00

5.00 $50.00 $250.00

40.00 $200.00 $8,000.00 October

40.00 $200.00 $8,000.00 November

20.00 $200.00 $4,000.00 December

8.00 $200.00 $1,600.00 January

8.00 $200.00 $1,600.00 February

8.00 $200.00 $1,600.00 March

8.00 $200.00 $1,600.00 April

60.00 $200.00 $12,000.00 May

40.00 $200.00 $8,000.00 June

8.00 $200.00 $1,600.00 July

360.00 $89,250.00