Limiting-Competition-under-SAT_ACC_RS_Means_180706.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

Remove or Replace Text Control No: 18-50

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: 413th Contracting Support Brigade, Regional Contracting Office-Hawaii. 742 Santos Dumont Ave, Bldg. 108, 3rd Floor Wheeler Army Airfield, Schofield Barracks, Hawaii 96857.

2. Description of Action: The Directorate of Public Works (DPW) requests a supply purchase to acquire the RSMeans Web Base Cost Estimating tool. The Government projects an award of September 2018 using fiscal year 2018 and Operations and Maintenance type of funds.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number __TBD________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2019

Name of Proposed Contractor(s) and Address:

R.S. Means Company LLC 1099 Hingham St STE 201 Rockland, MA 02370-3319

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The DPW Construction Management Branch (CMB) is transitioning from their Job Order Contracting (JOC) vehicle to a Multiple Award Task Order Contracting (MATOC) vehicle to acquire real property repair, maintenance and minor construction on Army installations. Similar to the unit price book (UPB) used in the JOC vehicle, the R.S.

Means Web Base Cost Estimating tool will be the CMB’s primary means to produce detailed Independent Government Estimates (IGE) broken down by material, labor and equipment of which will be used to review and ascertain cost proposals submitted by bidding contractors to determine fair and reasonable pricing. Included with the purchase is web access to the R.S. Means database and to include pertinent training of DPW staff. The MATOC is expected to be released in January 2019 and currently the engineers do not have any standardized estimating guideline other than the JOC UPB which was dated back in 2013. The R.S. Means database is updated in real time based on current market conditions and DPW needs an efficient, accurate, and current estimating tool to scope and configure their IGEs.

Period of Performance: Purchase of and training of DPW staff in October or November 2018.

Total Value: Approximately $80,000.00

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on m3[]k/.i

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. There is a requirement to provide an estimating standardization guide and reference database to provide to highly skilled engineers and DPW personnel. The R.S Means facilities cost data curriculum for estimating facilities construction projects will fulfill this need.

b. The R.S. Means estimating guide is recognized by those in the construction community as the standard for an estimating and proposing any construction projects. This guide is only published by one company, the R.S. Means Company, LLC.

c. A lack of an appropriate guidance tool for an estimating guide for the engineers and other facilities management personnel will hinder the staff’s mission to properly and efficiently perform DPW engineering functions such as forecasting fiscal year budgets to improperly and inaccurately estimating projects thus affecting fair and reasonable pricing.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________. (Fill in exception).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was conducted by DPW-Hawaii and RCO-HI.

There is no other company available that provides licensing access to the R.S. Means estimating database or is capable of performing this specialized tool. It was determined that R.S. Means Company is the only agency available.

8. Other Facts: In January 2017, DPW staff was trained on how to use the hard copy of the R.S.Means Estimating book and in December 2017 a demo and question & answer session on R.S. Means company web based estimating tool was held. The demo session confirms that DPW CMB would benefit in accomplishing CMB’s mission.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Nelson Pascua Date: 6 July 2018 Title: Supervisory Civil Engineer

Signature:

10. Contracting Officer Certification/Approval: This certification should be made by the Contracting Officer who will sign the contract resulting from this justification memorandum.

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon cost analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Lisa Nakamoto Date: 7 September 2018 Title: Contracting Officer

Signature: