J_and_A_for_ANC_9.12.2018.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

I. IDENTIFICATION OF THE REQUIRING AND CONTRACTING ACTIVITY.

Department of Transportation, Federal Highway Administration, Eastern Federal Lands Highway Division (EFLHD).

II. NATURE AND DESCRIPTION OF THE ACTION BEING APPROVED.

This acquisition is being requested under FAR Subpart 6.3 – OTHER THAN FULL AND OPEN COMPETITION, and will be sole sourced to: Arlington County, VA

III. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY NEEDS.

The FHWA – EFLHD will be administering the design and construction of the roadway realignments and relocation of utilities for the Arlington National Cemetery Expansion Project.

Development of an IMR for the intersection of on and off ramps from Columbia Pike with Washington Boulevard (State Route 27) is a required element in the design of the project.

Arlington County (AC) has completed a preliminary IMR and 30 percent plans. EFLHD will acquire the IMR from Arlington County with the rights to use the IMR and the modeling files and other data, for adjustments to the preliminary roadway design to support ANC’s Southern Expansion Project. The estimated cost for this effort is $385,748.67.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION.

41 U.S.C. 3304(a)(1) – only one responsible source and no other services will satisfy agency requirements.

V. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED.

Prior to EFLHD’s involvement with the project, Arlington County working with the Arlington National Cemetery (ANC) developed preliminary roadway alignment studies and an IMR for the preferred alignment for maximizing internments for the Southern Expansion Project under design by the USACE and in cooperation with ANC. Arlington County spent considerable resources for development of the IMR, which has been approved by the Virginia Department of Transportation (VDOT). VDOT is the owner of the intersection affected by the roadway realignment. If this procurement action is not taken, EFLHD would need to secure an AE to prepare another IMR, and there is a lengthy process on having a new IMR approved by VDOT.

Both factors would delay the scheduled time in delivering the project. Acquiring the IMR will also facilitate preparing concepts for access to the parcel that was the original subject of a land swap with Arlington County, but will now be used for relocating the maintenance facilities for the cemetery.

VI. EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS IS POSSIBLE.

None. This is a one-time acquisition.

VII. DETERMINATION THAT THE ANTICIPATED COST WILL BE FAIR

AND REASONABLE.

An Independent Government Estimate was prepared in the amount of $385,748.67. A price analysis of Arlington County’s price proposal will be conducted in an effort to make a price fair and reasonable determination.

VIII. DESCRIPTION OF THE MARKET SURVEY (FAR 7.101) CONDUCTED

AND THE RESULTS OR A STATEMENT OF THE REASONS A MARKET SURVEY WAS

NOT CONDUCTED.

The extent of Market Research conducted is that we verified with Arlington County confirming they have the necessary files required. We confirmed the files are owned by AC and its unattainable elsewhere as Arlington County owns the rights to their IMR and modeling files.

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

OPEN COMPETITION.

N/A

X. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION.

No source has expressed in writing an interest in this acquisition.

XI. ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED. This is one-time acquisition. It is not anticipated that upon completion of the project there be follow-on requirements for additional construction services.

XII. CERTIFICATIONS.

I hereby certify that the supporting data is the responsibility of the technical personnel and which forms a basis for the justification, is complete and accurate.

SIGNATURE:_______________________ DATE_________________

Tom Shifflett Project Manager

Concur:

SIGNATURE:_______________________ DATE_________________

Scott Whittemore Project Management Branch Chief

I have reviewed the justification and concur.

SIGNATURE:_______________________ DATE_________________

MILTON HSIEH

Legal Counsel

XIII. CERTIFICATION AND APPROVAL:

I have reviewed the justification for minimum needs, schedule requirements, and rationale for less than full and open competition. The justification is complete to the best of my knowledge and belief.

SIGNATURE:_______________________ DATE_________________

Melvin Sloan Contracting Officer

9-06-2018

9-6-2018

THOMAS E

SHIFFLETT

Digitally signed by THOMAS E SHIFFLETT DN: c=US, o=U.S. Government, ou=FHWA FHWASterlingVA, ou=DOT FHWASterlingVA, cn=THOMAS E SHIFFLETT Date: 2018.09.06 10:48:57 -04'00'

SCOTT R

WHITTEMORE

Digitally signed by SCOTT R WHITTEMORE DN: c=US, o=U.S. Government, ou=FHWA FHWASterlingVA, ou=DOT FHWASterlingVA, cn=SCOTT R WHITTEMORE Date: 2018.09.06 10:53:02 -04'00'

MILTON

HSIEH

Digitally signed by MILTON HSIEH DN: c=US, o=U.S. Government, ou=FHWA FHWASterlingVA, ou=DOT FHWASterlingVA, cn=MILTON HSIEH Date: 2018.09.06 12:25:34 -04'00'

MELVIN O

SLOAN

Digitally signed by MELVIN O SLOAN DN: c=US, o=U.S. Government, ou=FHWA FHWASterlingVA, ou=DOT FHWASterlingVA, cn=MELVIN O SLOAN Date: 2018.09.10 09:16:35 -04'00'