Redacted_Other Than Full Open Competition Justification.pdf

GENERAL SERVICES ADMINISTRATION

Public Building Services (PBS), Region 8

Denver Federal Center Building 41, Denver, CO 80225 Project Name: Building 48 Expert Witness and Expert Consulting Services

JUSTIFICATION AND APPROVAL

1. Contracting Agency and Activity. The General Service Administration, Public Buildings Services (PBS), Region 8 Office of Design and Construction (8PC) plans to contract by means other than full and open competition. Select One option below.

Brand Name Justification (BNJ) Sole Source Justification (SSJ) Other: (Identify LSJ)

If SSJ, Annotate the following: Vendor Name: Trauner Consulting Services, Inc. uei SAM: YV9LNAT3RAM8

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

The General Services Administration needs to procure an expert consultant to assist in analyzing a counteroffer and a time extension request of 125 calendar days, extending the period of performance date for substantial completion of the contract work from August 2, 2023, to December 5, 2023, to settle

In order to assist the PBS counsel in reviewing, analyzing, and responding (1) perform a time impact analysis of the delays to the critical path, and provide an opinion regarding the merits of claim for a 125-day time extension; (2) review, analyze and critique Current schedule, and the schedule updates submitted by for the duration of the project; and (3) review, analyze and provide an opinion regarding the merits of the proposed change orders submitted by the Government desires to procure the services of an expert consulting firm, Trauner Consulting Services, Inc. (the “Consultant”), which specializes in the areas identified for the services needed. The Government’s ability to address the Counteroffer, the proposed change orders, and the Time Impact Analysis properly as well as formulate and defend its position would be seriously undermined without the ability to acquire said services.

3. Estimated Dollar Value. The government estimate is

4. If Sole Source, does Sole Source vendor hold a GSA Schedule (Utilization of FAR Part Eight (8))? Yes No N/A (If the answer is No or N/A, skip to No. five (5).

4a. If action will utilize FAR Part 8 FSS/GSA schedule, identify which circumstance justifies the LSJ action:

FAR 8.405-6(a)(1)(i)(a-c) A (Unusual and Compelling Urgency) B (Only one source Identified) C (Logical Follow-on to FSS order) (Verify justification reference in the FAR) http://acquisition.gov

5. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. § 3304(a)(3)(C), GSA has determined that the procurement requires a sole source to satisfy the Agency’s need. As implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

6. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

Trauner Consulting Services, Inc. is uniquely qualified to provide these services to the General Services Administration based upon the following: Mr. William H. Haydt, principal of Trauner Consulting Services, Inc., shall direct Trauner’s provision of the required expert services. Mr. Haydt holds a Bachelor of Science in Civil Engineering and a Bachelor of Science in Architectural Engineering from Drexel University. He also holds a law degree from Temple University. Mr. Haydt has been employed with Trauner Consulting Services, Inc. since 2012. His expertise lies in the areas of construction claims preparation and evaluation, development, and review of critical path method (CPM) schedules, delay analysis, training, and dispute resolution. Based on Mr. Haydt’s performance in preparation for and as GSA’s expert witness in a 2018 hearing before the U.S. Civilian Board of Contract Appeals on a multi-million-dollar construction delay claim (as well as other matters), GSA believes that he has the qualifications, skills, and experience that best meet the needs of GSA.

7. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

A notice will not be publicized pursuant to FAR 5.202(a)(14).

8. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on price analysis techniques identified in FAR 13.106-3(a)(2)(ii) comparison of the proposed price with prices found reasonable on previous purchases; (iv) a comparison with similar items in a related industry; and (vi) comparison to an independent Government estimate. Prior to award of the proposed contract/modification/order, cost or price information shall be obtained from the contractor and a price/cost analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.”

9. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Trauner Consulting Services, Inc. is a well-known and experienced firm in the field of construction delay evaluation and critical path method analysis.

Market research was conducted and based on the authority for this sole source and on prior assignment, GSA is familiar with the quality of the work of Trauner Consulting Services, Inc. and Mr. Haydt. The Government is entitled to the experts and consultants that will best help the Government.

10.Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

All facts have been documented in section six (6). There are no additional facts to be reported in this section.

11.A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

Not Applicable.

12.A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will endeavor to perform market research to maximize and locate viable firms that meet the Governments requirements.

13.Research to support the facts presented for the justification above.

a. Approved Acquisition Plan

14.CERTIFICATION (See, FAR Part 6.304 for approval thresholds and FAR Part 6.305 for 6.305 availability of the justification).

The JOFOC has been prepared and certified by:

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.

Contracting Officer: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

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