JA AE TA BPA MOD.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. General Information.

Acquisition Title: Architect and Engineering (A/E) Technical Assistance Blanket Purchase Agreement (BPA)

Agency: Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA).

Acquisition Year: FY20

Author: Helen Wesley, Contract Specialist

2. Description of Action.

Nature:

New Requirement Follow-on Requirement Modification to Existing Purchase Order/Contract Number: 75R60219A00144

Pricing:

Firm Fixed Price Time & Material Cost Other: __________________

Funds:

OMA

Other Funds: No funds are required on base-level of BPA. HRSA Funds will be obligated at call order level.

Name of Proposed Contractor(s): Olsheskey Design Group

Street Address: 212 S. Henry Street, 3rd Floor

City, State, Zip: Alexandria, VA 22314

3. Description of Services or Supplies.

Basis for Approval (FAR 6.303-1(d)):

Individual Basis Class Basis

The total estimated BPA’s ceiling increase of the proposed action, including all options is:

$3,500,000.00 for the life of the BPA

Brief explanation of the services or supplies required to meet the agency’s needs:

This Women’s Owned Small Business sole source BPA was awarded on September 25, 2019 to Olshesky Design Group, LLC. The purpose of the BPA is to obtain Architecture and Engineering (A/E) services to perform A/E reviews of grant applications, perform outreach to grant award recipients to ensure compliance with applicable federal statutes and regulations, and provide technical assistance. The services shall increase HRSA’s capacity to review, monitor, ensure compliance with Federal laws, and provide technical assistance on A/E projects, A/E documentation and related reviews for Federal A/E grant programs.

The J&A is to increase the maximum ceiling of the BPA to $3,500,000.

4. Authority and Rationale. Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

During the issuance of the first call order against this BPA, it became evident that technical clarifications of the tasks, Task 1.1 through Task 1.6, was necessary to ensure that the contractor follows the Architectural and Engineers grant review process.

The purpose of the BPA remains the same, however, because it is necessary to provide technical clarification to the above cited tasks, the ceiling of the BPA needs also to increase.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 3304(a)(1).

Olshesky Design Group is the only responsible source for this requirement. They have expertise and experience in the healthcare field of A/E. This Women’s Owned Small Business has the capability and license to provide A/E services including programming, design, design development, construction documents, construction administration, and review of completion certificates, final project budgets, and photographs for healthcare facilities. The architectural healthcare knowledge of these facilities is crucial in order for HRSA to make a determination if a grantee’s facility is compliant and safe to use for the various patients that HRSA’s grantees support. The Olshesky Design Group not only possesses the general expertise required for a licensed A/E firm but it also has the unique expertise that focus on the design, study, investigations, surveying, mapping and drawing reviews of healthcare facilities.

These services are only available through this contractor due to the contractor's specialized knowledge and experience with this work and the market research detailed below.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2).

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5).

Other (See FAR Subpart 6.3 for additional authority):

5. Bridge Contracts.

Not Applicable. This is not a contract extension or bridge contract.

6. Actions to Increase Competition.

For future opportunities related to this requirement, competition will be encouraged to the maximum extent practicable by posting the requirement competitively on a Government-wide Point of Entry (GPE) depending on results of market research.

7. Market Research.

Market Research for this modification included reviewing the most recent market research, which was conducted for the current contract, and discussions with the program of available sources that could provide such service.

During the pre-solicitation phase of the current contract conducted in September 2019, market research included reviewing previous contracts’ market research of the similar services and discussions with the program staff. At the time, the requestor identified that the previous contracts were performed by small businesses. The previous contract was Contract HHSH250201700024B, performed from 09/29/2017 through 09/28/2019. The market research for that contract was conducted by requesting capability statement oral presentations from four vendors that were identified by the program utilizing the Dynamic Small Business Search website. One vendor declined to provide a presentation and three vendors presented capability statement oral presentations. Based on the presentations, it was determined that one vendor, Architectural Design and Consulting Services, LLC, was considered technically capable of providing the service.

Discussions with the program for the modification lead to the conclusion that due to the complexity and the time sensitivity of the work, specifically the reviews for the pre-grant awards and post-grant awards, it has been difficult for the program to find a contractor with proper capabilities to perform the tasks associated with this requirement. The program has been involved in several previous contracts for similar work for the past decade. They explained that historically, only one small business source was capable and successful in providing this type of service, Olshesky Design Group. The program stated that the two previous contracts resulted in not exercising following option periods due to the contractor’s inability to follow the A/E grant review process. However, they identified this source as a contractor that had previously and currently able to provide the service successfully for HRSA.

Therefore, upon review of current and previous market research conducted and discussions with the requestor, it is in the best interest of the Government to continue service with this one responsible source.

The original Justification and Approval to Sole Source for this BPA requirement was posted on Federal Business Opportunities website (FBO.gov) on September 3, 2019 for 15 days. The Government did not receive notification or correspondence of interested vendors.

8. Procurement History.

Purchase order or contract number:

HHSH250201700024B

Was action competed?

Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

Pursuant to 15 U.S.C 637(a), the requirement was offered to SBA to award to the technically capable vendor and was accepted. The requirement was sole sourced to the vendor upon acceptance by SBA.

9. Additional information to support the justification.

N/A

10. Technical/Requirements Certification. By my signature below, I certify that the supporting data under my review which is included in this J&A is accurate and complete.

Program Manager Name: Jennifer Werner Position Title: Architect/Contracting Officer’s Representative Email Address:

Phone:

Signature:

Date:

Program Manager Supervisor (or one level above Program Manager) Name: Tia-Nicole Leak Position Title: Deputy Division Director, Strategic Initiatives and Planning Division Email Address:

Phone:

Signature:

Date:

11. Fair and Reasonable Price Determination. As Contracting Officer, by my signature below, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The associated cost for this ceiling increase through this modification will be determined fair and reasonable based on historical pricing and on price analysis from comparing proposed prices against current market rates determined by the Contract-Awarded Labor Category (CALC) tool, which utilizes GSA and VA awarded services’ contract prices, and applied locality rates.

12. Contracting Officer’s Approval (Required for proposed contract not to exceed $700,000.00 (value calculated including all options)). I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

jwerner@hrsa.gov 301-594-4318

Jennifer T. Werner -S Digitally signed by Jennifer T. Werner -S Date: 2020.08.28 12:36:48 -04'00'

08/28/2020 tleak@hrsa.gov

301-443-1134

Tia-nicole Leak -S Digitally signed by Tia-nicole Leak -S Date: 2020.08.28 13:41:08 -04'00'

08/28/2020

Contracting Officer Name: Russell Grabill Phone:

13. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000.00 but not exceeding $13,500,000.00 value calculated including all options). I have reviewed this justification and find that it adequately supports other than full and open competition.

OPDIV Competition Advocate Name: Wendy B. Ponton Phone:

14. Office of Small and Disadvantaged Business Utilization. I have reviewed this justification and find that it adequately supports other than full and open competition.

Small and Disadvantaged Business Utilization Representative Name: Wayne Berry Phone:

15. OPDIV HCA Approval (Required for proposed contract over $13,500,000.00 but not exceeding $68,000,000.00 value calculated including all options).

OPDIV HCA

Name: Alexandra B. Garcia Phone:

301-443-1798

Russell J. Grabill -S Digitally signed by Russell J. Grabill -S Date: 2020.08.28 13:52:52 -04'00'

08/28/2020

301-443-4215

Tina M. Cheatham -S Digitally signed by Tina M. Cheatham -S Date: 2020.08.28 14:59:02 -04'00'

Wayne M. Berry -S8 Digitally signed by Wayne M. Berry -S8 Date: 2020.08.29 10:06:45 -04'00'

Alexandra B. Garcia -S Digitally signed by Alexandra B. Garcia -S Date: 2020.08.31 10:43:08 -04'00'