JA_TRSS Canberra Aus_10July2024.pdf

Control No.

JUSTIFICATION REVIEW DOCUMENT

FOR

OTHER THAN FULL AND OPEN COMPETITION

PROJECT/EQUIPMENT: TRSS A-E Renovation Design Canberra Australia

AUTHORITY: 10 USC 3204 as implemented in Federal Acquisition Regulation 16.505(b)(2)(i)(C)

AMOUNT: $40,000

HOPPER.KELLY.C.1232706445

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this Justification and Approval and find the justification adequate to support other than full and open competition.

Project Manager

Name: Todd A. Earl Phone: 402-995-2857 Signature:

Deputy for Small Business Name: Matthew D. Hibbert Phone: 402-764-0072 Signature:

Legal Counsel Name: Stacy Birkel BIRKEL.STACY.KAY.12635659 Digitally signed by Phone: 402-995-2596

BIRKEL.STACY.KAY.1263565912

Signature: Date: 2024.07.08 15:16:58 -05'00'

Senior Contracting Official Name: N/A Phone:

Signature:

Command Advocate for Competition Name: N/A Phone:

Signature:

FOR OFFICIAL USE ONLY

Prepared By Name: Marcus E. Ohlheiser Phone: 402-995-2202 Signature: Date: 2024.06.28 17:07:57 -05'00'

Digitally signed by

OHLHEISER.MARCUS.EUGENE.JR.1396428055

Contracting Officer Name: Kelly C. Hopper Phone: HOPPER.KELLY.C.1 Digitally signed by

Signature: 232706445 Date: 2024.07.03 10:56:43 -06'00'

Requirements Name: Todd A. Earl Phone: 402-995-2857 Signature:

Justification and Approval

For Other than Full and Open Competition

1. Contracting Activity

U.S. Army Corps of Engineers, Northwestern Division, Omaha District, Contracting Division, 1616 Capital Avenue, Omaha, NE 68102.

2. Description of Action This is a new task order against an existing architectural-engineering (A-E) MATOC. Proper funds in accordance with the interagency support agreement will be used to place this task order utilizing an existing Omaha District contract vehicle. This task order will be determined to be within the scope of the MATOC but is an exception to fair opportunity under that MATOC as described below.

3. Description of Supplies/Service

This task order includes the design of a renovation and improved security measures for a full suite conversion from CAA-Restricted to CAA-CORE space in accordance with U.S. Department of State (DoS) and Department of Defense (DoD) requirements.

4. Authority Cited 10 United States Code 3204 as implemented in Federal Acquisition Regulation 16.505(b)(2)(C).

5. Reason for Authority Cited

a. Background This order must be issued on a sole-source basis, to the original AE, Wiley & Wilson, Inc., in the interest of economy and efficiency because it is a logical follow-on to a Task Order that was closed out before this requirement was identified. The contractor was awarded the design effort under a separate task order which was successfully completed. Due to changes in security requirements, the Government needs the AE, Wiley & Wilson, to make some changes to their design.

b. Justification

All awardees were given a fair opportunity to be considered for the original order. It would now be prohibitively expensive and inefficient to recoup the understanding of the area and previously conducted surveys and design by a firm unfamiliar with the work already completed.

c. Impact

The project cannot progress unless the design changes are made to meet the new security standards.

d. Alternatives

Omaha district could conduct a USACE Task Order Requirements Notification (TORN) as described in Memo of 09 March 2023, Updated Procedures for the Selection of Task Orders on Architect-Engineer (A-E) Indefinite Delivery Contracts (IDCs), however it is already known that the existing firm has the most knowledge and experience with this project, and using the TORN would unfairly burden the other A-E firms in the MATOC without a real chance of winning the task order.

6. Efforts to Obtain Competition

Competition for the most highly qualified firm occurred with the original contract award. The work under this task order was not required at the time the original Task Order was awarded, consequently, the new requirement was not included in the original task order. Additionally, the original Task Order final payment invoice was processed in CEFMS on 22 May 2024, rendering it inaccessible. This document will be posted publicly and uploaded as required by the USACE Acquisition Instruction as a lesson to future product delivery teams to consider the entirety of life cycle design requirements in design competitions.

a. Effective competition. It does not make sense to conduct a competition or make a USACE Task

Order Requirements Notification (TORN) described in Memo of 09 March 2023, Updated Procedures for the Selection of Task Orders on Architect-Engineer (A-E) Indefinite Delivery Contracts (IDCs). That process was intended to notify USACE A-E partners of opportunities.

This memorandum accomplishes that identical goal without burdening A-E partners when no actual opportunity exists as detailed in paragraph 5 above.

b. Subcontracting competition. For A-E MATOCs all subcontracting opportunities are embedded within the team proposed as part of the original selection of A-E pool awardees. This action does not alter those arrangements as only the original preparer of the design, and their team, would have been eligible for this action as detailed in paragraph 5 above and FAR 36.6; A-E Contracting.

7. Actions to Increase Competition As indicated in paragraph 6, the scope of this requirement was included as part of the original qualifications-based selection competition, This instant action can only be continued/completed by the original surveyor as detailed above.

8. Market Research

Market Research was conducted that determined an existing A-E MATOC would satisfy this instant requirement.

9. Interested Sources

N/A.

10. Other Facts All required public announcements of this action will be made and pursuant to UAI 5116.505(b)(2)(ii) this, and all Exceptions to Fair Opportunity, will be logged to the Acquisition Support Division SharePoint site.

11. Technical Certification

I certify that the supporting data under my cognizance, which are included in the Justification and Approval, are accurate and complete to the best of my belief.

Marcus E. Ohlheiser Date Chief, A-E Services Support Branch Omaha District, Engineering Division

12. Requirements Certification

Digitally signed by

OHLHEISER.MARCUS.EUGENE.JR.1396428055

Date: 2024.06.28 17:08:59 -05'00'

I certify that the supporting data under my cognizance, which are included in the other than full and open competition Justification and Approval, are accurate and complete to the best of my belief.

Todd A. Earl Date Project Manager Omaha District, Project Management Division

13. Small Business Certification

I certify that the supporting data under my cognizance, which are included in the other than full and open competition Justification and Approval, are accurate and complete to the best of my belief.

Matthew D. Hibbert Date Deputy for Small Business Omaha District, Small Business Administration

14. Legal Review and Concurrence

I hereby determine that the information herein is legally sufficient, and I concur with the other than full and open competition Justification and Approval

Stacy Birkel Date Assistant District Counsel Omaha District, Office of Counsel

15. Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief. A determination of fair and reasonable price will be made for each individual contract under the authority provided by the Other than Full and Open Competition Justification and Approval.

Kelly C. Hopper Date Contracting Officer Omaha District, Contracting Division

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of AE Services for the Canberra Australia TRSS design project, other than full and open competition basis pursuant to the authority of USC, USC TITLE, as implemented by Federal Acquisition Regulation (FAR) , subject to availability of funds, and provided the procurement stated herein described has otherwise been authorized for acquisition.

This Other than Full and Open Competition Justification and Approval is estimated to be $40,000.00, a portion of the overall acquisition. The anticipated cost to the Government will be fair and reasonable.

Kelly C. Hopper Date Contracting Officer Omaha District, Contracting Division