Lejeune Watershed JA SAM(Kimley_Horn)__Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND WASHINGTON

1314 HARWOOD STREET SE

WASHINGTON NAVY YARD DC 20374-5018

IN REPLY REFER TO

ACQ-373

N40080-23-J&A-003 07 Feb 23

Subj: JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND

OPEN COMPETITION TO AWARD A DESIGN CONTRACT AT US NAVAL

ACADEMY.

1. Contract Activity.

NAVFAC Washington, Public Works Department, Annapolis, MD

2. Description of the Action Being Approved.

The Public Works Department (PWD) Annapolis requests authority to award a contract to Kimley-Horn and Associates, Inc. (KHA) for Architect-Engineer services to incorporate regulatory changes to a design originally completed in February of 2018 by Designer of Record (DOR) Blaine Linkous PE. The total estimated value of this contract action is Approval was obtained on 01 Nov 22 for the use of other than full and open competition to award a follow-on design contract to WBCM, however the DOR has since affiliated with KHA therefore WBCM no longer has the unique technical knowledge required for this design. Upon authorization of this request, it will supersede the previously approved request to execute a follow-on contract with WBCM.

3. Description of Supplies/Services.

Contract documents (including permit approvals) were prepared by Blaine Linkous, PE as DOR while working at the Architect- Engineer firm WBCM of Baltimore, MD beginning in June of 2014 and completed in December of 2017. The scope of work included the retrofit of a major portion of the drainage system at the US Naval Academy, Annapolis, MD. The design was shelved and not executed due to lack of funding. This project is now planned for FY24 construction award. The primary design criteria are, and were, Unified Federal Criteria (UFC) and private building codes by UFC reference. The design was prepared using the criteria in effect at the time of the design. The UFC are in a continual state of renewal. The International Building Code (IBC) was revised and reissued in 2021 and subsequently adopted by DoD. The intent is to award a design contract to KHA for the original DOR to review, revise, and update the design completed in 2017 to meet the current standards and criteria so it can be issued for award of a construction contract. The work is expected to include a revised design analysis, and minor revisions to the plans and specifications.

4. Statutory Authority Permitting Other Than Full and Open Competition.

Subj: JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND

OPEN COMPETITION TO AWARD A FOLLOW-ON DESIGN CONTRACT AT

US NAVAL ACADEMY.

Pursuant to 10 U.S.C. 2304(c) (1) and in accordance with FAR 6.302-01 only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The original design was prepared through a task order under an Indefinite Delivery Indefinite Quantity Architect-Engineer services with WBCM, which is now expired. Under Maryland Law the DOR whose stamp is affixed to the drawings is personally responsible for the drawings and cognizant of the permit under the Maryland Department of the Environment (MDE). Blaine Linkous, PE is that designer and he is now with KHA. An active contract with KHA that has sufficient capacity to perform these services does not exist within NAVFAC Washington or NAVFAC Atlantic.

The government’s requirement is to obtain updated plans and specifications for construction which have been signed and sealed by a professional engineer or registered architect. Because the required revisions are expected to be relatively minor the estimated effort by the original designer of record who is now affiliated with KHA is much less than would be required if the design effort were to begin anew. This is a complex project with an estimated construction cost of $60M. The scope of work includes retrofit of a major portion of the drainage system at the U.S. Naval Academy with an underground storage system designed to retain storm water runoff for reuse along with ancillary site improvements and reconstruction of parking lots, roadways, sidewalks and tennis courts associated with the project due to impact associated with installing the underground storage facility and general improvements and reconstruction along Brownson Road. The project was designed and sealed by Blaine Linkous PE. As a result, all calculations that lead to the final design are under his liability. This work cannot be assumed by others, it could only be re-created due to professional liability from the MD Board of Professional Engineers. Recreating the design is not cost/time effective and it will likely yield different results. A significant effort was invested in preparing the contract documents, permitting, and planning the construction phasing and another Architect-Engineer firm using any other designer would be required to duplicate the design effort to a large extent and produce new documents under their own cognizance. In addition to the effort required for a new firm to produce the plans and specifications in entirety there would be duplication of site investigations, introductory meetings and MDE permitting. Performing the required design update with a different Architect-Engineer firm would duplicate effort and therefore duplicate cost. The updating of the design documents and permit applications by the original designer will take considerably less time than starting anew.

In accordance with FAR 6.302-1(a) (iii) (A) an award to KHA would eliminate a substantial duplication of effort and cost which would not be recovered through competition.

Analysis of estimated savings:

US NAVAL ACADEMY.

Estimated cost of construction (ECC)

Estimated AE fee for new design with new Architect-Engineer firm.

Estimated fee to update original design by

KHA.

Estimated duplicated cost not recovered through competitive acquisition

Estimated time duration for new design with new Architect-Engineer Firm including AE procurement time

Estimated time duration to update original design by KHA including AE procurement time

Estimated duplicated time duration not recovered through competitive acquisition

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with FAR 5.2, market research was conducted and a sources sought notice was published to SAM.gov on Aug 25, 2022. The notice closed on Sep 09, 2022. Five responses were received prior to the closing date. The responding AE’s are listed in the table below. As stated in section 5 of this J&A, the Government does not deny there are other AE firms capable of meeting this requirement, however an award to an AE other than KHA (Blaine Linkous) will cause a substantial duplication of effort resulting in increased costs and schedule as outlined in the table in section 5.

NAME DATE POC

UTILITY WORKS 08/26/2022

AH ENVIROMENTAL CONSULTANT 09/09/2022

US NAVAL ACADEMY.

STANTEC 09/09/2022

GPI 09/09/2022

HONOR ENGINEER 09/09/2022

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, PWD Annapolis intends this to be a one-time action.

US NAVAL ACADEMY.

CERTIFICATIONS AND APPROVAL SIGNATURE PAGE

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LCDR Melanie Grigsby Phone No. Date

FEAD Director PWD Annapolis

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Ms. Nichole Greenberg Phone No. Date

Assistant Counsel OGC Washington

ECHELON IV CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Ms. Jennifer Galgano Phone No. Date Contracting Officer

PWD Annapolis

410-293-3187 2/7/2023

GRIGSBY.MELAN

IE.RENEE.111899

Digitally signed by

GRIGSBY.MELANIE.RENEE.1

118996069 Date: 2023.02.07 14:48:18 -05'00'

GREENBERG.NI

CHOLE.M.14707

62957

Digitally signed by

GREENBERG.NICHOLE.M.1

470762957 Date: 2023.02.10 07:13:59 -05'00'

GALGANO.JENNI

FER.M.129921514

Digitally signed by

GALGANO.JENNIFER.M.1299

215144 Date: 2023.02.10 08:41:38 -05'00'

US NAVAL ACADEMY.

ECHELON IV CHIEF OF CONTRACTING CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Ms. Kathryn Balonek Phone No. Date Chief of Contracting Office

NAVFAC Washington

ECHELON IV COMMANDING OFFICER APPROVAL (NFAS 6.304)

Upon the basis of the above justification, I hereby approve, as Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(1).

CAPT Eric J. Hawn Phone No. Date

Commanding Officer NAVFAC Washington

21 Feb 2023

Digitally signed by

BALONEK.KATHRYN.A.1023

910973 Date: 2023.02.21 11:18:29 -05'00'

HAWN.ERIC.JA

MES.102262806

Digitally signed by

HAWN.ERIC.JAMES.10226

28069 Date: 2023.02.21 13:38:30 -05'00'