JFOTFOC ROMA Alta Survey Final2_Redacted.pdf

ROMA LAND PORT OF ENTRY (LPOE) FINAL ALTA SURVEY: FOLLOW ON CONTRACT

ROMA LPOE, ROMA, TEXAS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Under FAR 6.302

Less Than $12.5 Million ROMA LPOE Final Alta Survey – Follow on Contract

Roma LPOE, Roma, Texas Tate Synder Kimsey (TSK)

Contract No. TBD

1. FAR 6.303-2(b)(1) – Identification of the Agency and the Contracting Activity: The Contracting Activity is the General Services Administration (GSA), Region 7, Public Buildings Service, Acquisition Management Division, Program Support Branch (7PQA).

2. FAR 6.303-2(b)(2) – Nature and/or Description of the Action Being Approved: This is a justification for other than full and open competition for procurement of a logical follow-on contract for a Final Alta Survey, Roma Land Port of Entry (LPOE) in Roma, Texas. The initial ALTA/NSPS surveys were performed by Tate Synder Kimsey (TSK) Architects, LTD under Contract GS-07P-16-UC-D-7009 and Task Order number 47PH1023F0009. At the time of that task order award, only an initial survey was needed, and a final survey was not a part of the scope of work. TSK’s Indefinite Delivery Indefinite Quantity (IDIQ) contract has expired, leaving GSA without the ability to issue a new task order for these services. Therefore, this procurement is for a follow-on stand-alone contract. The task order was also a single award task order for surveys under an Architect-Engineering (A/E) IDIQ contract in accordance with the Brooks Act in FAR 36.6 and therefore, fair opportunity was not a factor.

3. FAR 6.303-2(b)(3) – Description of the Services: The survey includes preparing the necessary changes and documentation to support and provide the FINAL ALTA/NSPS Land Title Survey of land and improvements at Roma land Port of Entry 405 N. Estrella Street, Roma, Texas 78584. The contractor shall utilize the prior preliminary ALTA survey work that has previously been performed to facilitate a seamless continuation of the work for this location. The contractor shall use the information to support and finalize this requested scope of work to complete a FINAL ALTA/NSPS Land Title Survey including, but not limited to property owned by the City of Roma according to the public records which will meet the Minimum Standard Detail Requirements for American Land Title Association (ALTA) and National Society of Professional Surveyors, Inc. (NSPS) Land Title Surveys, as adopted Feb.

23, 2021. The value of the survey is estimated at .

4. FAR 6.303-2(b)(4) – Statutory Authority: 41 U.S.C. 3304(a)(1); FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements. The new contract, which would be a logical follow-on to Task Order 47PH1023F0009, will ensure the surveys intended for this project and approved by GSA are implemented.

Currently, there is no impact on any project at the ROMA LPOE.

Docusign Envelope ID: F282A79F-3BAB-4DF0-981D-7B6FE8A0C42E

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

5. FAR 6.303-2(b)(5) – Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited: FAR 6.302-1 allows for the use of other than full and open competition when required supplies or services are available from only one responsible source. TSK is the responsible source due to three factors: efficiency, economy, and time.

Efficiency: TSK performed the initial ALTA survey at the ROMA LPOE. TSK has the experience necessary to complete the survey without a steep learning curve for the additional and follow on work at the ROMA LPOE. In the interest of efficiency, the least amount of waste or effort will allow GSA to assess the property timely and ensure a smooth and risk-free transaction in the purchase of this property. By not using TSK for the final survey, GSA will need to reprocure the entire survey taking on additional time and cost to procure.

Economy: Award to any other source would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. Costs have the potential to significantly increase by roughly double the anticipated value for these services because the new A/E would have to become familiar with the initial survey and ROMA LPOE requirements and verify results of the initial survey before performing the final survey requirements.

Time: The initial ALTA survey is closed. It is in the best interest of the Government to award the final ALTA survey as soon as possible in order to facilitate the purchase of the land. The time and effort to go Full and Open Competition or even a set aside procurement would be the least effective way to proceed due to time constraints. The potential delay in finalizing the survey would prevent GSA from securing ownership of this property. GSA is in the process of expanding the Federal Motor Carrier Safety Administration (FMCSA) and installing technology for the U. S.

Custom and Border Patrol (CBP) which are on hold pending this survey and land purchase closure.

Therefore, this contract must be issued as a sole-source basis to the only contractor responsible, TSK, in the interest of efficiency, economy, and time.

6. FAR 6.303-2(b)(6) – Efforts to Solicit to as Many Sources as Practicable: Since this is a justification for a sole source procurement and the intent is to issue a follow-on, stand-alone contract to TSK, soliciting other sources is not practicable as explained above. FAR 5.202(a)(13) applies.

7. FAR 6.303-2(b)(7) – Determination by the Contracting Officer that the Anticipated Cost to the Government Will be Fair and Reasonable: The Independent Government Estimate (IGE) will be based on the historical data the technical expertise of similar work. The GSA Contracting Officer will also review recently negotiated contracts for similar work to

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

substantiate fair and reasonable pricing. The Contracting Officer will determine that the cost is fair and reasonable based upon historical prices paid and the IGE (FAR 15.404- 1)(b)(2)(ii) & (v)) prior to making an award. This determination will be documented in the Price Analysis, Price Negotiation Memorandum and/or the Award Decision Document.

8. FAR 6.303-2(b)(8) – Description of the Market Research Conducted: Market research will not be conducted for reasons indicated in paragraph 5 above.

9. FAR 6.303-2(b)(9) – Other Facts Supporting the use of Other Than Full and Open Competition: TSK was selected to perform the initial survey for the subject project in accordance with FAR 16.504, Indefinite Delivery Indefinite Quantity (IDIQ). Under the Architect-Engineering (A/E) IDIQ Single Award Contracts, task orders are solicited directly to the awardee without further competition since the A/E solicitation was competed via the Brooks Act. Another A/E could perform the survey; however, the cost for gaining knowledge of the land and the previous survey would be duplication of effort which would not only increase the cost but cause an impact on the time. Therefore, in the interest of economy and efficiency, it makes this a logical follow-on to the previously issued task order.

The estimate for this new contract will be approximately .

10. FAR 6.303-2(b)(10) – List of Sources that Expressed an Interest in the Acquisition: TSK Architects, Inc.

11. FAR 6.303-2(b)(11) – Statement of Action to Overcome Barriers to Competition: No subsequent acquisitions for surveys should be affected by the current acquisition. This is a unique and isolated situation where the A/E performed the services but GSA for various reasons at the time was not able to include the final survey requirement in the scope of work in the predecessor task order. Using TSK for this survey will result in substantial savings of money and time, as well as cutting out redundancy and duplication.

12. FAR 6.303-2(b)(12) – Contracting Officer Certification that the Justification is Accurate and Complete: The Contracting Officer has determined that the actions taken under this acquisition meet the conditions described in FAR 6.302-1 and the source specified precludes full and open competition. It is in the best interest of the Government to procure the services described above from TSK Architects, Inc. The information contained in the justification for other than full and open competition is accurate and complete to the best of the Contracting Officer’s knowledge.

13. FAR 6.303-2(b)(12)(c) – Supporting Evidence from Technical Personnel: Any supporting data that is the responsibility of technical or requirements personnel and which for a basis of the justification have been certified as complete and accurate by the technical or requirements personnel.