JOFOC_Learning from Our Legacy IDIQ_Redacted.pdf

JOFOC Learning From Our Legacy Page 1 6/03/2022

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION 41 U.S.C. 3304(a)(1)

In accordance with the Federal Acquisition Regulation (FAR) Subpart 6.302, I hereby determine that the

Learning from Our Legacy, Indefinite Delivery Indefinite Quantity (IDIQ) listed on EQPCBK-22-0003 is required through a sole source procurement and competition is precluded for the reasons indicated below.

Please select the appropriate statutory authorities in accordance with FAR Part 6.302, Circumstance

Permitting Other Than Full and Open Competition:

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements;

FAR 6.302-2 Unusual and Compelling Urgency;

FAR 6.302-3 Industrial Mobilization; Engineering, Development, or Research Capability; or Expert Services;

FAR 6.302-4 International Agreement;

FAR 6.302-5 Authorize or Required by Statute;

FAR 6.302-6 National Security; or

FAR 6.302-2 Unusual and Compelling Urgency;

FAR 6.302-7 Public Interest.

1. Identification of the Agency and the Contracting Activity:

This requirement is in support of the General Services Administration (GSA), Public Buildings Services

(PBS), Office of Design and Construction (ODC), Office of Project Delivery (PCB), and Center for

Professional Excellence (CPE), 1800 F Street, NW Washington, D.C. 20005.

2. Nature and/or description of the action being approved:

According to the authority of the Competition In Contracting Act (CICA) as implemented by FAR Subpart

6.302 and GSA Acquisition Manual (GSAM) 506.3 for justifying other than full and open competition, GSA intends to award a contract to Pollalis, S.N., Prof. DR., Inc.

x

3. A description of the supplies or services required to meet the agency’s needs (including the estimate value)

GSA requires ongoing development and continued implementation of the PBS "National Learning from

Our Legacy'' training program. The necessary services include case study development, virtual tours, case updates, telepresence, in-person classroom seminars/training, introductory sessions, e-seminars, and virtual facilitated panel discussions focused on recent complex projects accomplished by PBS.

The contractor will be expected to develop case studies of recent PBS projects that cover issues in real estate, architecture, engineering, construction, design, urban planning, project management, sustainability, public affairs, customer expectation management, and property management. The objective is to impart lessons learned from these projects and other case studies in the GSA/PBS repertoire using the case study teaching method.

The contractor is expected to also develop and provide project delivery methods training cases for

Design-Bid-Build, Construction Manager as Constructor, Design-Build, and Design Build-Bridging.

The seminars must be designed to provide participants with comprehensive knowledge of important

PBS projects and processes and help them develop critical thinking skills used by project managers and teams to deliver diverse projects and programs successfully. The training program must be designed to evoke conversations and discussions among experienced PBS associates, thereby instilling a sense of understanding of the complex nature of project management in PBS and providing more options for the participants when delivering projects in the future.

The contractor must be able to provide training services for the GSA Central Office in Washington, DC, and Regional Offices nationwide. The GSA regions include (1) New England, Boston, MA; (2) Northeast

& Caribbean, New York, NY; (3) Mid Atlantic, Philadelphia, PA; (4) Southeast-Sunbelt, Atlanta, GA; (5)

Great Lakes, Chicago, IL; (6) The Heartland, Kansas City, MO: (7) Greater Southwest, Fort Worth, TX; (8)

Rocky Mountain, Denver, CO; (9) Pacific Rim, San Francisco, CA; (10) Northwest & Arctic, Auburn, WA;

and {11) National Capital, Washington, DC.

Below is the overall estimate of the National Learning from our Legacy’s cost for a base year and four-one year option period.

ESTIMATED COST FOR BASE YEAR PLUS 4 OPTION YEARS

Base Year July 19, 2022 thru July 18, 2023

Option Year 1 July 19, 2023 thru July 18, 2024

Option Year 2 July 19, 2024 thru July 18, 2025

Option Year 3 July 19, 2025 thru July 18, 2026

Option Year 4 July 19, 2026 thru July 18, 2027

Total Estimated Value for Base Year and 4 Option Years

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

Learning from Our Legacy uses the case method teaching approach. This approach requires that the instructor refrain from providing their own opinions. Instead, the instructor leads the discussion allowing participants to work through solutions.

The typical teaching approach for PBS topics is lecturing with some demonstration. GSA has IDIQs and vendors on schedule who are ready to step forward with training using these teaching methods when needed. The case method approach, however, is at a different level. It provides advanced instruction to participants by drawing from their knowledge and wisdom. It is comparable to graduate level seminars.

Although graduate level instruction is not unique, applying the case method approach to project management, facilities management and other disciplines in PBS is unique.

Additionally, PBS has made a substantial investment in Learning from Our Legacy case studies. We currently have a library of over 20 active case studies which were developed by Pollalis, S.N., Prof. Dr., Inc. Although another contractor may teach these case studies, it would require additional investment and considerable time for the new contractor to fully understand the program, project and processes covered in the existing case studies. In an average year, a dozen different case studies are used in seminars. Bringing on a new contractor to teach these case studies in the past has not been successful as a result of contractors not having the skills required to utilize the case method approach.

Pollalis, S.N., Prof. Dr., Inc. has effectively adapted the case method approach to teaching projects and programs within PBS and is highly skilled at leading seminars. This is due to the depth of knowledge on a wide range of PBS topics including design and construction, leasing, disposal, facilities management, portfolio management, sustainability, workplace, delivery methods, PBS customers, historic preservation, Section 111 outleasing, and energy savings performance contracts (ESPCs). This includes all building types such as courthouses, land ports of entry, data centers and other purpose built facilities. This makes Pollalis, S.N., Prof. Dr., Inc. uniquely qualified to develop the case studies and deliver the seminars.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies

The intent is to issue a sole source posting via SAM.gov for 15 days to verify that no additional sources are available. In accordance with FAR Subpart 5.2, a synopsis of the proposed contract action will be publicized on SAM.gov. The Government will not solicit offers from more than one vendor.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The Independent Government Estimate (IGE) for this contract is based on the number of labor hours per case and the number of cases developed and taught (see IGE). This represents a fair and reasonable value to the government based on the difficulty to find experienced faculty, historical procurement data, and specific industry knowledge by the technical representative.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted

Market research was conducted by the PBS Office of Designed and Construction and the Acquisition

Services Division to identify available sources, and to evaluate the availability of the marketplace to meet the requirement as follows: A Request for Information (RFI) sources sought notice (RFI-FY22-

ASD-PCBK-1) was issued on SAM.gov on May 9, 2022, for vendors to submit an understanding of the need and a statement of their company’s capabilities. Only one (1) vendor (Pollalis, S.N., Prof. Dr., Inc.)

submitted a response. The Government reviewed their submission and determined Pollalis, S.N., Prof.

Dr., Inc. had the capabilities, experience, and understanding to carry out the requirement.

9. Any other facts supporting the use of other than full and open competition (see FAR 6.303-2(b)(9) for examples however this list is not inclusive)

As a high-profile program for the PBS organization targeting upper-level, experienced project managers, we cannot afford to let critical educational areas fall behind in execution.

For the immediately upcoming scheduled Legacy Seminars for all regions, timing is critical to have

Pollalis, S.N., Prof. DR., Inc. under contract. Case development requires a significant number of calendar days (one (1) month of planning and three (3) months of case-work each, (approximately four

(4) calendar months)). It is preferable that GSA and the vendor work on two at one time; or 12 months for six (6) new and updated cases. ODC expects two (2) newly developed cases plus one existing case study to be taught in the winter, with 3-4 more in the spring, summer and fall sessions. In addition, all the FY16-21 developed cases will continue to be taught under the new IDIQ award and Pollalis, S.N., Prof. Dr., Inc. is the original developer of those cases study and the only responsive source to the RFI.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition

Pollalis, S.N., Prof. Dr., Inc.

115 Juniper Rd Belmont, MA 02478-2039

11. A statement of actions, if any, that agency may take to remove or overcome any barriers to competition before any subsequent for the supplies or services required

GSA will continue to conduct market analysis and/or seek competition. GSA will post a Request for

Information (RFI) on SAM.gov within one (1) year to ten (10) months before award expiration to find if the market has changed, and if there are any new capable vendors in the market. GSA will then reach out to any of those vendors for discussions.

12. Program/Technical Official Certification:

I hereby certify and accept the responsibility that any and all supporting data provided above or used to justify the above requested for a sole source procurement (e.g., verifying the Government’s minimum needs, schedule requirements, and/or other rationale for other than full and open competition) is accurate and complete to the best of my personal knowledge and belief.

13. Contracting Officer’s Certification

I hereby certify that the information contained in this Justification for Other than Full and Open

Competition, is accurate and complete to the best of my knowledge.

Collette Scott

Contracting Officer

Office of the General Counsel (LR) Approve by Competition Advocate

Digitally signed by COLLETTE SCOTT DN: C=US, O=U.S. Government, OU=General Services Administration, CN=COLLETTE SCOTT

+ OID.0.9.2342.19200300.100.1.1=47001000013510

Reason: I am the author of this document Location: your signing location here Date: 2022.06.06 08:22:00-04'00' Foxit PDF Editor Version: 11.2.2

COLLETTE SCOTT