W912HN-13-D-0008-CK01_JA_Title_II_Services_Signed(001).pdf

JUSTIFICATION REVIEW DOCUMENT - EXCEPTION TO FAIR OPPORTUNITY (ETFO)

CONTROL NO SAM 16-0025

Project/Equipment Procurement of A-E Construction Phase Services

Authority: FAR 6.302-1(a)(2)(iii) AMOUNT $100,000

Prepared by:

NAME: Joyce Powell TELEPHONE: 251-694-3791 TITLE: Contract Specialist DATE: 28 March 2016

Contracting Officer (See Sections 13-14 Below)

NAME: Kimberly L. Brackett TELEPHONE: 251-441-5170 TITLE: Contracting Officer DATE: 28 March 2016

Technical (See Section 11 Below)

NAME: TELEPHONE:

TITLE: Technical Manager DATE:

Requirements (See Section 12 Below)

NAME: Krista R Fayard TELEPHONE: 28 March 2016 TITLE: Project Manager DATE:

SIGNATURES ARE REQUIRED BELOW:

I have reviewed this Justification, and find the information provided adequate to support an exception to the fair opportunity process.

Deputy for Small Business

SIGNATURE: DATE: (See Signature)

NAME: Linda L. Spadaro TELEPHONE: 251-441-3597

Project Manager (If no PM, use N/A)

SIGNATURE: DATE: (See Signature)

NAME: Krista R. Fayard TELEPHONE: 251-690-2180

Office of Counsel (OC) SIGNATURE: DATE: (See Signature)

NAME: (See Signature) TELEPHONE: (See Signature)

Local Advocate for Competition (AFC)

SIGNATURE: DATE: (See Signature)

NAME: LTC Landon M. Raby TELEPHONE: 251-690-2511

Business Oversight Branch (BOB) Chief

SIGNATURE: DATE: (See Signature)

NAME: Charlotte G. Hofstetter TELEPHONE: 251-690-3420

District Contracting Chief (DCC)

SIGNATURE: DATE: (See Signature)

NAME: Jeffery D. Burgess TELEPHONE: 251-441-6501

251-690-2180

Krista R. Fayard 251-690-2180

Digitally signed by

BRASFIELD.DAVID.CARLTON.JR.1

254606550 Date: 2016.05.03 12:32:29 -05'00' Adobe Acrobat version: 11.0.15

SPADARO.LIND

A.L.1230756470

Digitally signed by

SPADARO.LINDA.L.1230756470

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SPADARO.LINDA.L.1230756470 Date: 2016.05.03 12:58:05 -05'00'

FAYARD.KRISTA

.R.1258165337

Digitally signed by FAYARD.KRISTA.R.1258165337 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FAYARD.KRISTA.R.1258165337 Date: 2016.05.04 11:11:00 -05'00'

RABY.LANDON.M

YERS.1071947200

Digitally signed by

RABY.LANDON.MYERS.1071947200

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=RABY.LANDON.MYERS.1071947200 Date: 2016.05.11 10:45:45 -05'00'

HOFSTETTER.CHARL

OTTE.G.1230090137

HOFSTETTER.CHARLOTTE.G.1230090137

c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HOFSTETTER.CHARLOTTE.G.123009013

2016.05.11 16:36:48 -05'00'

SAM-16-0025

Justification and Approval For Other Than Full and Open Competition

1. Contracting Agency: U.S. Army Corps of Engineers (USACE), Mobile District (CESAM), 109 St. Joseph Street, Mobile, Alabama 36604-0001.

2. Description of Action: Approval is requested for a sole source procurement of a new A-E contract using VA minor construction funds for construction phase services, Title II Services, estimated at $100,000 with Pruitt Eberly & Stone, Inc (PES Structural Engineers) in support of the Design-Bid-Build United States Department of Veterans Affairs (VA) Urgent Care Facility Construction Contract W912HN-13-D-0008-CK01.

3. Description of Supplies/Services: The proposed contract procurement with PES Structural Engineers is to provide A-E construction support services for the VA Urgent Care Facility in support of construction in Decatur, Georgia. The scope of this contract will include review of submittals, review of shop drawings, site visits, clarifications and changes to the design as needed/necessary and recommended Request For Information (RFI) responses.

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 United States Code (U.S.C.) 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(iii)(A), only one responsible source and no other supplies or services will satisfy Agency requirements.

5. Reason for Authority Cited: Pursuant to FAR 6.302-1(a)(2)(iii)(A), this requirement for the work described above is available only from PES Structural Engineers as they are the Designer of Record (DOR); therefore they are the only A-E capable of providing design clarification and changes. Title II services are construction support services provided by the DOR to make design changes for discretionary change orders, answer RFIs from the construction contractor, and review shop drawing submittals. Award to any other architect-engineer (A-E) source is not a viable option/alternative because any other source that makes changes to the original design must accept full responsibility of the original design and relieve the DOR of liability. Award to any other source would result in substantial duplication of cost to the Government since any other source would require a re-design/verification of the original design completed by PES Structural Engineers in order to accept liability. Market Research indicated that no A-E is willing to take on this liability without a redesign/verification of the original design which would cost the Government an estimated $200,000 to $300,000. The additional cost to duplicate the effort would not be recovered through competition, and would create unacceptable delays in completion of construction and turnover of the facility resulting in delay claims and increased contract costs.

The VA Atlanta Facility procured the original A-E design contract of the VA Urgent Care Facility in Decatur, Georgia with TBB Design Development. Once the design was complete, the VA terminated the design contract with the prime A-E, TBB, for convenience. The VA did not terminate the contract because of any reason related to the performance of the subcontractor, SAM-16-0025

PES Structural Engineers. CESAM inherited the design from the VA and competitively solicited and awarded the design-bid-build task order under the Savannah District’s Fort Benning multiple award task order contract (MATOC), to Edgewater Construction Services, LLC., on 25 August 2015, providing fair opportunity to all MATOC holders in the pool. After Notice to Proceed (NTP), Edgewater Construction submitted structural RFIs to USACE that could only be answered by the DOR, PES Structural Engineers. Since the original design contract with TBB was terminated, there is no contract vehicle in place to add Title II services for construction support, therefore, USACE is seeking to award a contract with PES Structural Engineers for Title II services.

If a Title II services contract is not procured with PES Structural Engineers, the Government will not have a viable/responsible DOR A-E capable of providing design changes and design clarification responses to the RFIs; the construction contract will have to be terminated for convenience of the government.

6. Efforts to Obtain Competition: Several A-E’s with USACE contracts were contacted but but they were not willing to accept the liability as the DOR. The scope of work was posted to the FBO site for any/all interested parties to identify their interest. No responses were received from the sources sought notice.

7. Actions to Increase Competition: Due to the nature of the requirement, there are no actions to be taken to increase competition for subsequent acquisitions. In the future, projects with anticipated construction services will be included in the A-E design scope of work and will be on a full and open competition bases.

8. Market Research: A notice of intent to award to the original A-E DOR was posted to Federal Business Opportunities website (fbo.gov) on 05 April 2016. All interested parties were offered the opportunity to identify their interest by submitting capability statements within fifteen days, no responses were received.

9. Interested Sources: To date, no other sources have expressed an interest.

10. Other Factors:

a. Procurement History: N/A

b. Acquisition Data Availability: N/A

c. Unusual and Compelling Urgency. N/A

d. Subcontracting Competition. N/A

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name:

Title:

Date:

Signature

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Krista R. Fayard Title: Project Manager

Date:

Signature

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable using cost & price analysis techniques on the elements of the PES Structural Engineers proposal in comparison to the details of the Independent Government Cost Estimate. Also, fair and reasonable cost will be determined through evaluation of PES Structural Engineers proposal in comparison to the costs received through the original competition. In accordance with FAR 15.403-1(b)(1), certified cost and pricing data will not be required of the firm, due to available cost data on file related to the specific design requirements identified at VA Urgent Care Facility. I hereby determine that the anticipated cost for this task order will be fair and reasonable using cost and price analysis.

Name: Kimberly L. Brackett Title: Contracting Officer

Date:

Signature

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Kimberly L. Brackett Title: Contracting Officer

Date:

Signature

4 May 2016

5/11/2016

5/11/2016

Krista R. Fayard Project Manager

11 May 2016

FAYARD.KRISTA.R.12581

65337

Digitally signed by FAYARD.KRISTA.R.1258165337 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FAYARD.KRISTA.R.1258165337 Date: 2016.05.04 11:10:20 -05'00'

BRACKETT.KIMBERLY.L.1241

458268

Digitally signed by BRACKETT.KIMBERLY.L.1241458268 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRACKETT.KIMBERLY.L.1241458268 Date: 2016.05.11 10:55:26 -05'00'

BRACKETT.KIMBERLY.L.12414

58268

Digitally signed by BRACKETT.KIMBERLY.L.1241458268 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRACKETT.KIMBERLY.L.1241458268 Date: 2016.05.11 10:56:38 -05'00'

FAYARD.KRISTA.R.1258165337

Digitally signed by FAYARD.KRISTA.R.1258165337 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FAYARD.KRISTA.R.1258165337 Date: 2016.05.11 12:39:21 -05'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of A-E construction support services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302- 1(a)(2)(iii)(B)), in the amount of $100,000.00 subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Approved By:

Date:

Kimberly L. Brackett Contracting Officer

5/11/2016

BRACKETT.KIMBE

RLY.L.1241458268

Digitally signed by

BRACKETT.KIMBERLY.L.1241458268

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRACKETT.KIMBERLY.L.1241458268 Date: 2016.05.11 10:56:18 -05'00'