Redacted JA Determination - Limiting Competition under SAT Ott Story.pdf

Control No: LRE-FY22-03

Contracting Officer’s Determination – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: USACE Detroit District, 477 Michigan Ave, Detroit, MI 48226

2. Description of Action: Ott Story Engineering and Design Suring Construction

(EDDC)

Nature: New Requirement X Follow-on Requirement

Contract Vehicle: X Purchase Order

Order/BPA against FSS Contract #

Order against a single award IDC Contract Modification to existing PO/TO/DO/Call Order

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

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

FY: _22____

Name of Proposed Contractor(s) and Address:

Versar Inc.

6850 Versar CTR STE 201 Springfield, Virginia 22151-4176

Brand Name Buy: Yes X No

3. Description of Services or Supplies: LRE is the requiring activity for this sole source new contract. The applicable North American Industry Classification System (NAICS) code is 541330, Engineering Services.

The contractor is under contract W911XK14C0001 currently to design the plans and specifications for Ott Story Construction requirement. This standalone contract is to keep the designer of record on contract through the construction portion of Ott Story EDDC.

The proposed EDDC work under the sole source award will consist of the following specific tasks:

1. Review and Respond to Pre-Award Bidder Inquiries

2. Prepare Solicitation Amendment(s)

3. Attend Technical Evaluation Panel

4. Update Quality Control Plan (QCP)

5. Update Accident Prevention Plan (APP)

6. Attend Partnering Meeting

7. Participation in Pre-Construction Kickoff Meeting

8. Review and Respond to Contractor Submittals

9. Review and Respond to Requests for Information (RFIs)

10. Prepare Contract Modification Documents

11. Attendance and Participation in Weekly Construction Progress

Meetings

12. Attendance and Participation in Onsite Inspections

13. Final Walkthrough and Punch-List

14. Monthly Status Meetings with A-E COR

15. Monthly Progress Reporting

The proposed new contract is follow-on work continuing design support during construction, and will have a new contract period of performance of 15 months after award. The first phase of construction is expected to be completed approximately one year after the construction award.

This new contract period of performance will cover the expected construction duration.

Period of Performance: 01 April 2022 to 31 July 2023 Total Value:

4. Authority:

X 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

Or

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

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

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

This project scope is considered highly specialized based on the following:

Versar Inc. has collected extensive field data to develop a Basis of Design Report which presents the best available means and methods to improve the effectiveness of the collection system to maintain contaminated groundwater plume capture and contaminant mass removal for the site.

. Based on the foregoing considerations, it is recognized that Versar Inc. has developed a unique familiarity, understanding, and capability of operating on the Ott Story project site. It is also recognized that Versar Inc. possesses data which is not readily available to other environmental engineers.

Additionally, Versar Inc. developed the design plans and specifications (as the Designer of Record (DOR)) therefore Versar Inc. has legal responsibility for the design. If anyone makes design decisions on the design, they will take on responsibility and liability for the design. This could amount to significant cost impacts.

A substantial duplication of costs could be avoided by using Versar Inc. to perform the EDDC. Having a separate Architect-Engineer firm provide the EDDC, which is not the designer of record (DOR) of the design effort, would require sunk costs related to contract administration, procurement, potential construction contract delays and costs, etc.

i. The cost savings arise mostly from the following Items

(a). Higher cost for a new EDDC A-E contractor effort to get up to speed on the contract work to date and the EDDC effort versus if completed by Versar Inc.

and a delay of 6 months to issue a new contract to another firm. The new A-E would need to familiarize themselves with the design analysis, drawings, specifications and EDDC requirements. This effort will delay

FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on solicitation for Ott Story Remediation Construction contract. The Construction contract will be for the replacement of five existing extraction wells, installation of 15 new rehabilitation wells, and the abandonment of 49 existing monitoring wells, installation of above ground weatherproof enclosures for new extraction well piping and flow measurement equipment, upgrade and replacement of existing manifold piping and appurtenances in below grade extraction well vaults, replacement of system flow meters, installation of pressure gauges, upgrade of emergency back-up power generation and control for the well network, upgrade of controls infrastructure to allow remote monitoring of the expanded well network, and monitoring well maintenance, abandonment and installation to optimize the existing well network. Pushing the contract back can lead to the loss of real estate access. The construction contract already must be done in phases as there is only specific access to the wells on private property at certain times and is not available for access for a certain amount of time. Therefore, it is very important Versar Inc. continue to provide services for this project; it is recognized that Versar Inc. possesses data that is required to deliver environmental engineering services required by the government.

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, X apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

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)

X Action is NOT a brand name restriction and is under SAT, no posting required

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

7. Market Research: The initial A-E design was awarded to the most highly qualified firm capable of providing the services at the time. Competition was not limited during the initial procurement and will not be limited for additional designs not related to the initial plan the Government has already procured.

A Notice of Intent (NOI) to Sole Source was posted to www.SAM.gov by LRE on 25 January 2022, which stated the intent to award a new contract Ott Story EDDC A-E contract. The primary purpose of this notice is to publicize this contract action prior to contract award, as mandated in FAR Subpart 5.2, Synopses of Proposed Contract

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.

FAR 6.305(f) FAR 8.405-6(b)(3)(ii)(A) FAR 8.405-6(b)(3)(ii)(B) FAR 8.405-6(b)(3)(ii)(C) FAR 16.505(a)(4)(iii)(C)