JOFOC.Feasibility.Study.DLM.Phase.1.CC.C103048.pdf

Justification for Other than Full and Open Competition

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. HHS/NIH

b. Sponsoring organization. OD/ORF

c. Project Officer Information.

• Project Officer name: Walter B Armstrong

• Mailing address. 13 South Drive, room 1325 Bethesda, MD 20892

• E-mail address. armstrow@ors.od.nih.gov

• Telephone number. 301.402.9244

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

a. Acquisition purpose and objectives.

The objective of this acquisition action is to develop plans, for three options, which would each contain approximately 47,000 net assignable square feet (NASF) for Department of Laboratory Medicine (DLM’s) laboratory and administrative space. Concepts are to include preliminary block plans and a building schematic section, site plan, phasing schedule and project cost.

This work action shall determine the feasibility of including DLM into the development plan, created by Metropolitan Architects and Planners (MAP), for the Perioperative and Radiology Addition which has been previously approved by NIH officials.

Project planning activities to date were authorized under a Division of Facilities Planning (DFP) -IDIQ.

b. Project background.

Under NIH contract number: HHSN263999900293I, the contractor (MAP) along with NIH’s Division of Facilities Planning (DFP) Carried out an intensive Space and Infrastructure Assessment of the five Clinical Center Departments which did not relocate into the CRC but remained in the ACRF. These are the Department of Laboratory Medicine (DLM), Department of Perioperative Medicine (DPM), Department of Radiology and Imagining Services (RADIS), Department of Transfusion Medicine (DTM), and the Positron Emission Topography Department (PET).The MAP led study consisted of an evaluation and assessment phase, data collection via interviews and site visits, an analysis phase (space and infrastructure) and the development of over a dozen facility concepts.

The period of performance for contract number: HHSN263999900293I/ HHSN29200017 has ended.

The NIH Clinical Sub-Committee, NIH’s Facility Work Group, the Clinical Center, and other NIH Senior staff reviewed and approved a proposed space list by department and conducted reviews of the concepts.

Concepts evolved, were refined and sub-options were developed, issues were raised, and pros vs. cons were discussed by NIH. During the review process. NIH requested specific approaches be studied and then these options were evaluated by NIH officials and refined by MAP.

Schemes were presented to NIH and a concept option was selected.

Phase 1 of the proposed new addition is to be located on the NW corner of the CCC site and shall be connected to the CRC West Lab wing, and will be occupied by DPM and RADIS. In Phase 2 DLM was to be temporarily relocated and its vacated space was to be fully renovated.

After which DLM was to reoccupy its current space. DLM would not be able to occupy their renovated space for approximately ten years after commencement of Phase 1.

Concerns have been raised by DLM and the CC about this vital clinical research support program remaining in poor space for the next decade.

Minor modifications can be made to the casework and some work areas but the failing infrastructure systems (heating, cooling and electrical power) cannot be addressed while the space is occupied.

Hiring a new contractor to complete this continuation of work would cause a delay in the completed product and duplication of efforts as the new contractor would have to spend weeks to collect and review documents that have already been completed, accepted and paid.

(i) the name of the incumbent contractor:

Metropolitan Architects and Planners 1505 Prince Street, Suite 200 Alexandria, VA 22314

(ii) the period of performance; estimated at six months or 180 days

(iii) total dollar amount obligated to date;

$1,062,535.00

(iv) Whether the initial and any subsequent awards were competed and, for any sole-source or limited competition awards, the basis for the approved JOFOC. No previous JOFOCS have been issued.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

Feasibility Study for Incorporating DLM into Phase 1 of the CRC selected Development Option

b. Project description.

The Contractor (MAP) shall develop feasibility studies for the following Options:

• Long Term Option 1- Cafeteria Scheme

Relocate the 2nd floor ACRF cafeteria to the ACRF’s East Terrace.

Demolish the vacated space Renovate space for new DLM labs and administrative Offices Renovate the vacated space for DLM or other CC Departments.

• Long Term Option 2 – CRC Perioperative, Radiology with an additional floor for DLM.

Develop a plan that incorporates DLM into the proposed new addition for DPM and RADIS. Add an additional level(s) to contain the DLM program.

• Long Term Option 3 –CRC Perioperative and Radiology with DLM Enlarge the footprint of the proposed addition to contain DLM on an expanded first floor.

For all options:

i. Verify that infrastructure systems are addressed on a conceptual level.

ii. Examine civil and structural issues

iii. Appraise NIH of any parking issues that may arise.

iv. Evaluate Concept approach using previously established criteria and format.

v. For the selected Option:

• Develop a conceptual cost estimate.

• Develop a phasing schedule

• Provide NIH with a model of the northwest corner of the

CRC/ACRF/Building10.

• Requirement type.

Research & development (R&D)

R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build X Other (specify): Pre-Planning and Programming

• Type of action.

New requirement X Follow-on Other (specify): ______________________

• Proposed contract/order type.

X Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

• Acquisition identification number. WR# C103408 – Requisition # 4036963

c. Total estimated dollar value and performance/delivery period.

$250,000.00 over 180 day performance period

4. Identification of the statutory authority permitting other than full and open competition. Check

X This acquisition is conducted under the authority of 41 United

States Code (U.S.C.) 253(c)(__) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1 (-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.)

This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996.

This acquisition is conducted under the authority of the Services

Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

Metropolitan Architects and Planners 1505 Prince Street, Suite 200 Alexandria, VA 22314

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

MAP has unique and in-depth knowledge of this project having worked on all its stages, over the past five years (via MAP’s previous contract).

MAP conducted the facilities assessment, space/building survey, space/ facilities programming, option development, selected option refinement.

They have interviewed all user groups, developed a space list, developed concepts, and they have presented the project and worked with senior NIH staff on numerous occasions.

MAP has been deeply involved throughout the course of the project and has a unique depth of knowledge of the issues, facility details, NIH’s key players and they are familiar with the history gained thru development of all concepts to date. They are also most familiar with the limitations and problem areas of the project. One area that they are aware of is the adjacent campus landscape, utilities, and roadways to the west of the ACRF and CRC which is the site where development will occur. MAP also has all data and documents that will be required to finalize project thus saving time and cost.

MAP has developed the selected concept and held discussions with NIH to discuss phasing issues and decide upon a few select modifications and thus finalize this extremely complex and unique project. MAP is uniquely qualified to provide services which are much more attuned to NIH program needs and to do so in a very short timeframe and at a lower cost than any other contractor would be capable of providing.

Over a period of five months (under the previous contract) MAP worked directly with the Clinical Center on the issue of DLM and how best to address their facilities issues. Knowledge gained from this work experience will directly complement resolution of this proposed project.

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

No sources sought notice was posted.

The facts driving the exception are that this contractor has completed 100% of the original work and has an in-depth knowledge of the projects program, function/space requirements, phases and is familiar with the numerous details of this unique and complex project. There is also a time factor since the project must be reviewed and discussed to see where it fits in the NIH funding cycle requests. The data previously developed for the DLM can be used directly to drive the development of options due in large part to the contractors in depth understanding of the Clinical Center.

Bringing in a new contractor would waste valuable time and this time require additional funding. A new contractor would have to spend weeks to collect and review documents in order to get up to speed on the project prior to being able to commence any work. There would also be a liability issue with one firm completing another firm’s work without being able to make changes to the materials.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The government will send a formal request a proposal to MAP. While they are already familiar with this requirement, MAP will be required to submit a full proposal with cost breakdown which will allow us to compare the vendor’s proposal with the IGE. I do not anticipate the need for an audit. The services being acquired are the same as any other non-governmental survey/planning activity. No certified cost or pricing data will be required.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Knowledgeable individuals were contacted regarding capabilities, however, due to MAP’s in-depth knowledge, experience and expertise of the requirement through the evolution of numerous phases, the only remaining work for MAP would be to investigate the possibilities of incorporating DLM into the selected Option. The project has a limited timeframe for completion in order to allow NIH to make funding recommendations.

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

The contractor has an in-depth knowledge base and has been involved in all phases of the work for an extended period of time. The contractor can now take the selected Option, which they developed two years ago and investigate the options for incorporating DLM, previously in Phase 2, and to now include it into the scope of Phase 1.

A new contractor would require extra time and cost to get up to speed prior to being able to lend assistance. Even then the knowledge of how the Clinical

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

Jessica N. Hadley Sr. Contracting Officer

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

Head of the Contracting

Activity

15. Competition Advocate signature.

Official Name & Title Signature Date

Competition Advocate

16. HHS Senior Procurement Executive signature.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

JOFOC.pdf