Sole Source Justification Construction Period Service - Project 632-15-116.pdf

Attachment 4: Single Source Justification for SAP under $150K

OFOC SOP Revision 05 Page 1 of 2 Original Date: 03/22/11 Revision 05 Date: 05/02/2016

JUSTIFICATION FOR SINGLE SOURCE AWARDS IAW FAR 13.106-1

(OVER MICRO-PURCHASE THRESHOLD($3.5K) BUT NOT EXCEEDING THE SAT ($150K))

IAW FAR13.104, COs must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase. When competition is not practicable, IAW FAR13.106-1(b), COs solicit from a single source for purchases not exceeding the simplified acquisition threshold. COs may solicit from one source if the CO determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). IAW FAR13.106-3(b)(3),COs are required to include additional statements explaining the absence of competition (see 13.106-1 for brand name purchases) if only one source is solicited and the acquisition does not exceed the simplified acquisition threshold (does not apply to an acquisition of utility services available from only one source) or supporting the award decision if other than price-related factors were considered in selecting the supplier. This template when completed can be used to document single source awards IAW FAR13.106-3(b)(3). Note: Statements such as "only known source" or "only source which can meet the required delivery date" are inadequate to support a sole source purchase.

1. ACQUISITION PLAN ACTION ID:

36C242-21-AP-3499

1A. PROJECT/TASK

No.

632-15-116

1B. ESTIMATED AMOUNT:

$81,041.04

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

A/E Construction Period Services for Project 632-15-116, Renovate Roads – Project 4 at the Northport VAMC

3. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO

OTHER SUPPLIES OR SERVICES CAN BE USED:

Lockwood, Kessler & Bartlett, Inc. prepared the Construction Documents for the initial Project No. 632-15-116, Renovate Roads – Project 4 under Contract No. VA243-16-C-0034 Purchase Order No. 632C60142 has the unique capabilities to provide the services required under this contract. Specifically, Lockwood, Kessler & Bartlett, Inc. has the unique capabilities to interpret the Construction Documents which they developed; to prepare any supplemental drawings, specifications or other documents that may be required to clarify or supplement the Construction Documents; and to determine conformity with the design concept and Construction Documents. Construction will be performed into the next fiscal year and CPS services are required to ensure construction is performed successfully and in accordance with the original design documents which were provided by Lockwood, Kessler & Bartlett, Inc.

signed and sealed the contract documents and do assume full liability for its content. Additionally, the original FY 2016 contract VA243-16-C-0034 will close prior to the end of this fiscal year due to expiring NRM funds.

Furthermore, in the rules and regulations promulgated by the New York State Board of Regents, Regents Rules Section 29.3(a)(2) states that it is unprofessional conduct for a design professional to fail “to report in writing to the owner or to the owner's designated agent any unauthorized or improperly authorized substantial disregard by any contractor of plans or specifications for construction or fabrication, when professional observation or supervision of the work is provided for in the agreement between the owner and the design professional or when supervision of the work is under the control of the design professional.”

The cancellation of the appropriation and associated agreement between the Government and the Architect-Engineer on 9/30/21 leaves the Government at risk with regard to the Architect-Engineer’s ability to carry out its responsibilities under Regents Rules Section 29.3(a)(2). In addition, it would be highly unusual for another design professional to take on the aforementioned responsibilities, which are generally incidental to an overall agreement for preparation of plans and specifications.

In the rules and regulations promulgated by the New York State Board of Regents, Regents Rules Section 29.3(a)(3) states that it is unprofessional conduct for a design professional to certify “by affixing the licensee's signature and seal to documents for which the professional services have not been performed by, or thoroughly reviewed by, the https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13

Attachment 4: Single Source Justification for SAP under $150K

OFOC SOP Revision 05 Page 2 of 2 Original Date: 03/22/11 Revision 05 Date: 05/02/2016 licensee; or failing to prepare and retain a written evaluation of the professional services represented by such documents in accordance with the” requirements specified in Part 29.3(a)(3) - Unprofessional Conduct.

Given that the Statement of Work requires the selected A/E to prepare any supplemental drawings, specifications or other documents that may be required to clarify or supplement the Construction Documents, and the written evaluation that would be required under Regents Rules Section 29.3(a)(3), it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements. Specifically, it is likely that any other source could not perform the required services in a manner that would not result in Government-caused delays on the associated construction contract. Thus, Lockwood, Kessler & Bartlett, Inc. is the only firm capable of providing the unique services described above and no other firm could satisfy agency requirements.

4. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND RESULTS OR STATEMENT WHY IT WAS NOT

CONDUCTED:

This is a follow on contract to the original A/E design contract VA243-16-C-0034. Market research was performed prior to the solicitation of the original design contract. A Notice of Intent for Proposed Contract Action was posted to 11/30/2015, affording responsive AE firms the opportunity to submit a capabilities statement IAW FAR 5.205 (d). No responses were received.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. Note: COs are required to make a determination of price reasonableness IAW FAR 13.106-3. See the Commercial Supply and Service SOP for Price Reasonableness templates.

Signature: ______________________________ Date:____________________ Name:__________________________________ Title:___________________________________ NCO:_________________________________ https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466 http://vaww.pclo.infoshare.va.gov/PMWeb/Vol6Chapter5.aspx