Justification and Approval 2025 05 08_Redacted.pdf

revised 08/26/2024

JUSTIFICATION AND APPROVAL

Revision to the Issued for Construction (IFC) and Post Construction Award Services (PCAS) Documentation for B10 Vivarium Air Control Valves in Building 64

1. Contracting Agency and Activity. The contracting organization responsible for this action is The General Service

Administration (GSA), Public Buildings Service (PBS), National Capital Region (NCR), Office of Acquisition (OOA), Special Programs Division (SPD), FDA80 Branch. The FDA80 Branch plans to contract by means other than full and open competition.

Select one option below.

☐ Brand Name Justification ✅ Sole Source Justification (SSJ)

If SSJ, Annotate the following: Vendor Name: N.K. Bhandari Architecture & Engineer, P.C. (NKB) UEI: WUDXF35LUMN6

2. Nature of Action Being Approved & Description of Supplies or Services

The nature of this action is to procure Architectural / Engineering (A/E) services to provide revisions to the Issued for Construction (IFC) drawings and Post Construction Award Services (PCAS) to support the forthcoming procurement and resulting construction contract that will provide a new air distribution and control system for Building 10 Vivarium. The area will be occupied and functional during construction. The physical installation must be coordinated and sequenced to minimize disruption. The final product will include laboratory air valves, a new control system, and maintain desired space pressurizations for current and future needs. The A/E shall provide field inspection, attend project meetings and provide input on RFI answering throughout the project. The A/E as the original designer of record (DOR) shall support the GSA Project Manager by providing recommendations to ensure the project goals and objectives in the Design Bid Build (DBB) Contractor’s Statement of Work (SOW) are met. The A/E will not be tasked with making any final decisions or reviews/approvals on behalf of the federal government.

3. Estimated Dollar Value: The government estimate is and is funded by BA80 RWA Funds.

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 13.106-1(b)(1), "the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority

NKB has been proposed to meet the authority cited as the sole source of this procurement action. NKB was utilized via a separate contract for A/E services and is the designer of record for the IFC and PCAS Documentation for B10 Vivarium Air Control Valves in Building 64 Renovation project. NKB is uniquely qualified to provide these services based upon the following:

a. Has intimate knowledge of the design as they are the original designer of record (DOR). NKB created the designs, plans, design narrative, and would have the most insight regarding request for information (RFIs), questions, concerns and recommendations or substitutions from the General Contractor.

b. A review of NKBs past performance has confirmed successful past performance on GSA projects. GSA’s technical experts have determined that NKB is the most qualified to perform the required services for this project, as they are the designer of record for the project and are considered responsible. Award will be made provided that a fair and reasonable price that offers the best value to the Government can be obtained.

6. A description of efforts made to ensure that offers including whether a notice was or will be publicized 5.202 applies

A synopsis was issued on SAM.gov on April 22, 2025, requesting that parties express their interest in writing to the Contracting Officer by the due date, May 7, 2025. The notice requested capability statements and the inclusion of sufficient information to establish capability to fulfill the requirement. The efforts revealed that adequate competition for this requirement is not available due to the nature of the requirement.

7. Determination by the contracting officer that the government will be fair and reasonable

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on the comparison of the proposed pricing to the Independent Government Estimate (IGE) and historical pricing. It is expected negotiations will result in a price which compares favorably to the IGE and previous projects for same / similar services. A price analysis will be performed, and the anticipated price will be compared to the IGE that was developed by using information from various sources, including historical prices paid by the Government for similar services. It is through these means that the anticipated cost will be considered fair and reasonable.

8. A description of the market research conducted results, or a statement of the reason market research was not conducted

Market research was conducted by the Contracting Officer to identify capable sources and to evaluate the availability of the marketplace to meet the requirement. On April 22, 2025, a Notice of Intent to Sole Source listed under special notice number

EQWPMA-25-0036 was posted on the System for Award Management (sam.gov), the government-wide point of entry. The revised 08/26/2024 posting closed on May 7, 2025. Based on the results of market research, the Government determined that there are no vendors available or capable to perform the requirements outlined for this procurement.

9. Any other facts supporting the use of other than full and open competition

It is recommended that a sole source award be made to N.K. Bhandari Architecture & Engineer, P.C (NKB). NKB is the designer of record and has a successful past performance history on various NCR projects. A sole source award to NKB is in the Government’s best interest to successfully complete this project.

10. A listing of any sources that expressed a written interest in the acquisition

In response to the Notice of Intent to Sole Source EQWPMA-25-0036 that was posted on April 22, 2025 for 15 days to receive capability statements, one (1) source expressed interest.

a. On April 24, 2025, LAND Engineering, PLC, responded by acknowledged the notice of intent issued on SAM, provided their capability statement and expressed interest in assisting the Government on future design and construction support services within Region 11.

b. No other responses were received from the Notice of Intent to Sole Source.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services.

12. Research to support the facts presented for the justification above Supporting Documentation:

c. Acquisition Strategy

d. Market Research Report

e. Notice of Intent – SAM special notice

13. CERTIFICATIONS

Technical/Requirements Personnel: I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Signature: Project Manager Date

Name:

Title:

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is elief.

Signature Date

Name:

Title: