BICA_Ft__Smith_Admin__Rehab_DDCD_AE_Fair_Opportunity_Exception_Part_16_Redacted_1.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Over $ 50,000 (FAR 16.505(b)(2))

PR Number: 40576824 � BICA DD/CD Rehab Fort Smith Admin

1. Identification of the Agency and the Contracting Activity: DOI NPS Regions 6, 7, & 8, NR MABO

2. Nature and/or description of the action being approved:

Bighorn Canyon National Recreation Area requires award of a sole source, logical follow-on task order to DJ&A to produce the design development and construction documents of the Rehabilitate of the Fort Smith Administration Building. This action is a logical follow-on to 140P1420F0154 for the PD/SD design phases which was awarded and administered by the National Park Service (NPS), with joint participation by the Bureau of Reclamation (BOR).

3. A description of the Supplies or Services required to meet the Agency�s needs, including the estimated value:

NPS seeks to initiate an AE Task order for design development and construction documents for the Fort Smith Administration Building project for building rehabilitation construction. The AE task order will provide design services required to meet the Repair/Rehabilitation obligation funding requirement which require construction to be awarded in FY23. The IGE AE task order for the work is estimated at roughly Base and Supplemental Services, totaling . While the construction has been to-date funded for , the project has a design-to construction budget of with anticipation of funding assistance from multiple sources.

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).

Initial Order:

140P1420F0154 for the predesign and schematic design documentation for the rehabilitation work at the Fort Smith Administration Building: The AE was selected in accordance with FAR 36.602-5. Fair opportunity was provided pursuant to FAR 16.505(b)(1). DJ&A P.C. was determined to be the most highly qualified A/E amongst the IDIQ pool, and the Government entered into negotiations with the firm. The NPS task order represents a logical follow-on to the design effort that was completed on TO 140P1420F0154.

Relationship between orders:

The current/new task order is a continuation of the work performed for the PD/SD phase on TO 140P1420F0154.

It is an industry standard that, barring inadequate performance, there is design provider continuity from predesign through construction administration. This continuity enables historical knowledge of a project to be preserved and passed on through design phases as the work evolves, even into construction administration. Continuity in AE contractor between design development / construction documents and predesign / schematic design will help ensure that big-picture design goals established in earlier phases are preserved in the detailing seen in later design phases. A disconnect in design phase information-sharing, would jeopardize a smooth execution of the design during construction, leading to more potential for constructability concerns, time and financial delays.

In order to meet a Repair/Rehabilitation funding obligation of FY23, the design development / construction documents must be completed in FY22. The obligation requirement was detailed during the approval process and is a requisite of the funding. The services in the new task order are required to complete the design portion of the project. Significant time would be lost in a request for proposal from multiple contractors, bidding and negotiation. Additionally, further delays could be expected by a new team as they studied and became familiar

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Over $ 50,000 (FAR 16.505(b)(2))

PR Number: 40576824 � BICA DD/CD Rehab Fort Smith Admin with the project history, and NPS/BOR team dynamics. Time and costs would also increase in the need to send more new team members on a site visit to analyze the building.

Coordinating these efforts with DJ&A will save the NPS a substantial amount of time, since DJ&A (along with their subcontractors) is already familiar with the project.

Follow-on Task order:

DJ&A�s AE contract with the NPS IDIQ continues. NPS seeks a logical follow-on AE task order for design development and construction documents for the Rehabilitate Fort Smith Administration Building project.

Awarding the proposed task order to DJ&A is the most efficient for the Government. It will reduce errors caused between to two contractors and reduce the Government oversight to ensure that the deliverables from the two contracts work cohesively. The savings afforded by the reduction in errors between the two packages and subsequent construction execution will be significant.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

DJ&A�s labor rates have been vetted through the Region 6,7,8 A-E IDIQ contract (140P1220D0002). The IGE was prepared using these rates and subject matter experts from Facility Management of Region 6,7,8 to ensure accuracy.

6. Any other facts supporting the justification:

See attached Architect-Engineer Selection Report A14 40506715 to Rehabilitate Fort Smith Administration Building, digitally signed August 28, 2020.

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:

No NPS actions were taken to remove or overcome the barriers that led to the exception to fair opportunity. This is a logical follow-on AE task order.