Signed OFOC.pdf

General Services Administration

Public Building Service

Acquisition Management Division

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN

ACCORDANCE WITH FAR 6.302-2 to

Sole Source the Architecture/Engineering Contract for the Food and Drug

Administration (FDA) Forensic Chemistry Center (FCC) in Cincinnati, OH

1. Identification of the agency and the contracting activity.

GSA, PBS, AMD, Capital & Customer Projects Construction Contracting Branch

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

Approval is requested for other than full and open competition for the acquisition described herein, under the authority of FAR 6.302-2. The proposed project will modernize the building's outdated systems and expand FDA's laboratory spaces in order to meet the agency's long-term requirements.

3. Description of the supplies or services required to meet the agency’s needs

(including the estimated value).

The FDA FCC is located at 6751 Steger Drive, Cincinnati, OH 45237. The FCC serves as a premier national forensic laboratory for method development, research and analysis related to regulatory, chemical contaminant and counter-terrorism issues concerning foods, drugs and other FDA regulated products. The capabilities and expertise of the FCC provide support to FDA agents, investigators and officials to help assure that the consumer is protected from fraudulent and harmful products and terrorism.

The estimated Design price range is $1,000,000 to $5,000,000

The FCC was constructed in 1998 as a build-to-suit lease specifically for FDA's use. GSA exercised a lease purchase option and assumed ownership of the asset in June 2018. The building, which is located on a 8-acre site within the City of Cincinnati, has approximately

77,000 gross square feet, one story above grade, and underground parking for 29 spaces.

The building is steel framed with concrete and steel curtain wall. FDA's requirement for laboratory space at this location has expanded over the years. A building addition was constructed in 2004.

The project also proposes the buildout of approximately 20,400 usable square feet of office space at the John Weld Peck Federal Building in Cincinnati, OH. The space will house the FDA District Office that is currently located in the FCC and a component of

FDA office space that is in a leased space. The office space consolidation in the Peck

Federal Building will allow for the needed expansion of laboratory space in the FCC.

The project scope includes demolition of the existing FDA's District Office space of approximately 12,000 USF at the FCC to accommodate the expansion of the FDA's laboratory. Existing lab areas will be partially demolished and upgraded with new finishes. Renovations will be made to the buildings systems including HVAC upgrades, lighting upgrades, emergency power upgrades, replacement of the fire protection system, restroom upgrades, and improvements to the loading dock.

The project will be compliant with the Design Excellence Guiding Principles and GSA's

Design Excellence Program. The design team’s approach must produce a lab facility in compliance with the current edition of the National Institutes of Health (NIH) Design

Requirement Manual.

Work will take place in an occupied building but no adverse impact on tenant missions will be acceptable. Project must also comply with the P-100 (Facility Standards for Public

Buildings) and all other applicable building codes and standards.

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

Authority for this action is provided at 41 U.S.C. 253 (c) (2) and FAR 6.302-2 Unusual and Compelling Urgency. The regulation states to use this authority in those situations where “an unusual and compelling urgency precludes full and open competition” and

“delay in award of a contract would result in serious injury, financial or other, to the

Government”.

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

Due to the ongoing opioid crisis it is imperative that this FDA lab renovation be completed as soon as possible. President Trump has issued a Presidential Memorandum

(October 26, 2017) declaring the opioid crisis a Public Health Emergency and declaring that “It shall be the policy of the United States to use all lawful means to combat the drug demand and opioid crisis currently afflicting our country. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant authorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis inflicts upon American communities.”

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

The Region 5 project team, with assistance from GSA’s Special Programs Division (SPD), will identify at least three A/E firms that have the capabilities to complete this project. The team will review the companies’ websites, past performance, and CPARS to help select the firm to work with directly. Once the firm has been selected the Region 5 Project Team will participate in a capabilities meeting with the selected firm to ensure that the firm is available and understands the program of requirements.

7. Demonstration by the contracting officer that the anticipated cost to the government will be fair and reasonable

This acquisition will be procured as a standalone contract under Brooks Act. The price will be negotiated and will result in a bilateral contract, agreed to by both parties. In order to help GSA negotiate the price, an Independent Government Estimate (IGE) and the

Brooks Act 6% fee limitation for design work will used in the establishment of a fair and reasonable price. The level of effort will be evaluated and negotiated.

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

Other than the selection method as stated in Part Six (6), no additional market survey will be conducted in the selection of proposed contractors because of the urgency to procure these services. It is the belief that there are companies that could perform the services needed.

However, using traditional procurement methods will be counter intuitive to the emergency nature of this project.

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

All facts have been documented in Part Five (5). There are no additional facts to be reported in this section.”

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition

None

11. Statement of actions, if any, the agency may take to remove or overcome any barriers to the competition before any subsequent acquisition for the supplies or services required

Given the unique and unusual circumstances of the situation, there are no actions that could be taken to remove or overcome barriers to competition.

CERTIFICATIONS

I hereby certify that the above information is accurate and complete to the best of my knowledge. Agency requirements supporting this justification for other than full and open competition for sole sourcing this A/E contract, is certified as accurate.

Kathern M. Williams Date

Contracting Officer

Capital & Customer Projects Construction Contracting Branch

Gregory Oprian Date

Branch Chief

Capital & Customer Projects Construction Contracting Branch

Michael Wolff Date

Director

Acquisition Management Division

2/13/2020

2/13/2020

2/14/2020

Certificate Of Completion Envelope Id: 6D575F25845D4224AC6F067B20516D39 Status: Completed

Subject: Please DocuSign: FDA FCC OFOC.doc

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Signer Events Signature Timestamp Gregory Oprian

Gregory.oprian@gsa.gov

Branch Chief

US General Services Administration

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Kathern Williams kathern.williams@gsa.gov

Contracting Officer

US General Services Administration

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Michael G. Wolff michael.wolff@gsa.gov

Great Lakes Region, PBS, Director, Acquisition

Management Division

US General Services Administration

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