FAR 13.106(b) Sole Source Justification for Acquisitions under the SAT Mar 30-2021-s.pdf

FAR 13.106(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

A. FINDINGS.

1. Identification of the requesting and contracting activity.

USMMA - CIP - Acquisitions HQ/USMMA 2.a A description of the supplies or services required to meet the agency’s needs.

The U.S. Merchant Marine Academy (USMMA) requires a contractor to perform construction services to complete/repair work on the Lower Roosevelt Field project. Specifically, the contractor must:

complete the fencing around the left field line of the baseball field, complete the fencing surrounding the bullpens, complete the netting and fencing around the dugouts, and complete the leveling of home plate.

2.b Name of the Vendor. DCM Architecture & Engineering, LLC 2.c Requisition No.

3. Estimated dollar value of the acquisition. $55,000 4.a Identification of the circumstances that preclude competition (Check the appropriate box that applies).

Urgency.

Exclusive licensing agreements.

Brand-name.

Industrial mobilization.

Other. FAR 52.249-10 Default (Fixed Price Contruction)

4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a).

Contract 693JF719C000019 was awarded to Better Homes Bureau, LLC on May 23, 2019 for renovation of the Lower Roosevelt baseball/soccer/lacrosse sports facility located at the USMMA. The work consisted of renovating the existing facility, constructing a new entrance, press box, spectator seating stands, baseball dugouts, and installation of new artificial grass fields for baseball, soccer, and lacrosse, as well as an artificial grass lacrosse practice field.

The original period of performance was through November 11, 2019 and was extended due to various reasons including unknown site conditions, contractor-caused delays, and the COVID- 19 pandemic.

The contractor was ultimately terminated for default on January 15, 2021, leaving many items unfinished or in need of repair.

MARAD intends to award a sole source contract to DCM Architecture & Engineering (DCM) to complete the outstanding items required to use the baseball field for the upcoming spring season. DCM performed the initial A/E services to design the Lower Roosevelt Field facility.

DCM subsequently performed a site survey after the termination for default. This contractor is familiar with the site and work necessary to complete the project and has indicated to the Government that it is available to begin the neccessary work immediately.

X FAR 6.302-2-Unusual and Compelling Urgency

It is in the best interest of the Government to sole source this requirement to DCM in order to complete the baseball field at Lower Roosevelt Field facility as soon as possible for four reasons.

First, because of DCM’s knowledge of the project and the site, it will be able to complete the required work in the shortest time frame. DCM performed the initial A/E services to design the Lower Roosevelt Field facility in 2017 and subsequently performed a site survey in the wake of the termination for default in January 2021. DCM is familiar with the site as it currently exists and will not require any further site visits or detailed coordination with the Contracting Officer’s Representative (COR) to understand the current requirements as would another contractor. DCM has indicated to the Government that it is able to begin work immediately.

Second, completion of the baseball field will provide a much needed outlet for the midshipmen and contribute to both their physical and mental well-being. The morale of the midshipmen at the USMMA has suffered greatly as a result of the COVID-19 pandemic and the various lock-down safety measures that have been in place. Recently, all midshipmen have been confined to their rooms as a result of a COVID outbreak on campus. Outdoor experiences are one of the few options that the USMMA can provide to its students for diversion while also protecting their health.

Third, the Government will incur additional costs if the facility is not ready for the spring baseball season. In that event, the Government would need to seek an external practice facility, and incur both costs to rent that facility and to provide transportation back and forth to the midshipmen. There is a futher concern that it may be difficult to secure such a facility due to the strict COVID safety protocols in place in New York.

Fourth, athletics is one of the four developmental pillars at the USMMA and the lessons learned by midshipmen on fields of play are instrumental in their leadership development.

The midshipmen have already been without this crucial developmental aspect for a year due to the pandemic. They have been anticipating the warmer weather and the opportunity to be involved in spring sports. It is in the best interest of the Government to provide this necessary activity to the midshipmen as soon as possible as part of their well rounded education.

This sole source acquisition allows the Government to purchase the needed construction services as expeditiously as possible and complete the work in the shortest possible time frame, while also mitigating the reprocurement costs it will seek from the defaulted contractor.

5. Any other information.

This is a reprocurement after a termination for default. The GAO has stated that the statutes and regulations governing Federal procurements are not strictly applicable to reprocurements of defaulted requirements. E. Huttenbauer & Son, Inc., B-239142.2 et al., Aug. 17, 1990.

Per FAR 49.402(b), if the repurchase is for a quantity not over the undelivered quantity terminated for default, the Default clause authorizes the contracting officer to use any terms and acquisition method deemed appropriate for the repurchase. However, the contracting officer shall obtain competition to the maximum extent practicable for the repurchase. The contracting officer shall cite the Default clause as the authority.

Based on the reasons provided in Section 4b above and because this repurchase is only for part of the undelivered services that remained on the Lower Roosevelt Field contract, the contracting officer deemed a sole source acquisition to be in the best interest of the Government and the Default clause at FAR 52.249-10 is cited as the authority.

The Government further notes that it has considered FAR 36.209 - construction contracts with architect engineer firms. The same application as above applies: because this is a reprocurement after a termination for default, Federal procurement regulations are not strictly applicable. Further, this requirement is only for a small portion of a defaulted contract, not an entirely new requirement. Finally, as this is a sole source acquisition, the intent behind this FAR provison to negate any competitive advantage an A/E firm would have in a competition because it designed the specifications, is not frustrated. See, e.g., Lawlor Corporation- Reconsideration, B-241945, Mar. 28, 1991.

B. Certifications and Approvals.

6.a Program Office Certification (Requiring Activity). I hereby certify that the supporting information composed by the contracting officer and legal advisor and data provided form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Name: Theodore Dogonniuck Date: March 29, 2021

Signature: Theodore Dogonniuck 6.b Contracting Officer Approval. In accordance with FAR 13.106-1(b)(1), as a warranted contracting officer, I hereby determine that the circumstances of the acquisition make only one source reasonably available for the reasons indicated above; therefore precluding competition and supporting the Government’s determination to solicit and award to the vendor stated herein.

Name: Date:

Signature:

LACHELLE P

JOHNSON

Digitally signed by LACHELLE P

JOHNSON

Date: 2021.03.30 12:17:36 -04'00'

LaChelle Johnson 03/30/2021

FAR 13.106(b) SOLE SOURCE JUSTIFICATION FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Instructions for FAR 13.106(b) Sole Source Justification for Acquisitions under the Simplified Acquisition Threshold

A sole source justification is a stand-alone document. Simply copying and pasting information from a vendor’s website or marketing literature fails to support the use of such justification. The sole source justification shall be completed by the requiring activity to extent practical with assistance provided by the contracting office.

A. FINDINGS.

Section 1 Identification of the agency and the contracting activity. Provide the name of requiring agency and the name of the actual requiring activity (e.g. USMMA – Department of Public Works). Provide the name of the contracting agency and the name of the actual contracting activity (e.g. USMMA – Office of Acquisitions- HQ).

Section 2.a A description of the supplies or services required to meet the agency’s needs.

Provide a clear, concise description of the supplies or services to be procured. Include a statement regarding the delivery schedule and/or the period of performance, inclusive of all option periods and award terms. State the schedule and associated schedule category(ies) the supplies or services are being procured against. For supplies, include details such quantity and a brief description of the items (e.g. twelve (12) laptops).

For brand name, provide the name of the brand, model number and other specific details associated with the brand name item(s) being procured; name(s) of known sources that can provide the brand name.

Section 2.b Name of Vendor. Insert the name of vendor to whom the award will be made out to.

Information can be obtained from the SAM database.

Section 2.c Requisition Number. If known, include the requisition number.

Section 3 Estimated dollar value of the acquisition. Provide the estimated dollar value of the acquisition, inclusive of all options, award terms and any other monetary incentives. However, if brand name then this dollar value reflects the total estimated dollar value of the portion of the proposed acquisition, inclusive of all options, award terms and other monetary incentives, that is brand name, only.

Section 4.a Identification of the circumstances that preclude competition. Check the applicable circumstance of the contract action that deems only one source reasonably available (see FAR 13.106-1(b)).

Section 4.b Supporting information and facts (i.e. the details surrounding the requirement that supports the selection made in 4.a). The rationale for the sole source must be thoroughly explained within this section. Explain why the vendor is the only one that can provide the product or service if using only one source (e.g. urgency, industrial mobilization, a patent, copyright, proprietary data, or exclusive licensing agreement). If brand name, provide sufficient detail to describe the rationale for the brand name. For example, Why is this particular brand name needed? Why won’t another brand of product work? If urgency, explain what harm, monetary or schedule wise, (and include dollars that would be lost, time lost, etc.) that will result if an aware is not made to this vendor by a certain date.

Section 5 Additional information. Include, as applicable, any other information that might support this sole source justification.

B. Certifications and Approvals Section 6. Obtain the Requiring Activity’s, Small Business Specialist’s and Contracting Officer’s signatures as indicated.