W91278-16-T-0035__A-E_Construction_Phase_Services__Mechanical_DOR_J A_Signed.pdf

JUSTIFICATION REVIEW DOCUMENT - EXCEPTION TO FAIR OPPORTUNITY (ETFO)

CONTROL NO SAM 16-0048

Project/Equipment Procurement of AE Construction Phase Services-Mechanical DOR

Authority: FAR 6.302-1(a)(2)(iii) AMOUNT $100,000.00

Prepared by:

NAME: Joyce Powell TELEPHONE:251-694-3791 TITLE: Contract Specialist DATE: 17 August 2016

Contracting Officer (See Sections 13-14 Below)

NAME: Kimberly L. Brackett TELEPHONE: 251-441-5170 TITLE: Contracting Officer DATE: 17 August 2016

Technical (See Section 11 Below)

NAME: Krista R. Fayard TELEPHONE: 251-690-2180 TITLE: Technical Manager DATE: 17 August 2016

Requirements (See Section 12 Below)

NAME: Krista R Fayard TELEPHONE: 251-690-2180 TITLE: Project Manager DATE: 17 August 2016

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: 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

SPADARO.LINDA.

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: 2016.08.17 12:51:10 -05'00'

SOWELL.STEPHEN.

LILES.1064673722

Digitally signed by

SOWELL.STEPHEN.LILES.1064673722

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SOWELL.STEPHEN.LILES.1064673722 Date: 2016.08.18 10:29:07 -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: 2016.08.23 10:30:48 -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: 2016.08.27 21:48:04 -05'00'

HOFSTETTER.CHA

RLOTTE.G.1230090

HOFSTETTER.CHARLOTTE.G.1230090137

c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HOFSTETTER.CHARLOTTE.G.12300901

2016.08.30 17:18:56 -05'00'

BURGESS.JEFFERY.D.12648

43584

Digitally signed by BURGESS.JEFFERY.D.1264843584 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BURGESS.JEFFERY.D.1264843584 Date: 2016.08.31 07:17:31 -05'00'

Control # SAM 16-0048

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 Newcomb & Boyd, LLP 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 Newcomb & Boyd Consultants and Engineers is to provide architect-engineer (A-E) mechanical Title II services for the VA Urgent Care Facility in Decatur, Georgia. The scope of this contract will include review of mechanical submittals, review of shop drawings, site visits, clarifications and changes to the mechanical design as needed/necessary and recommended Request For Information (RFI) responses. Mechanical Title II services are construction support services provided by the to make changes to the mechanical design for discretionary change orders, answer RFIs from the construction contractor, and review mechanical shop drawing submittals.

1. 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.

2. Reason for Authority Cited: Pursuant to FAR 6.302-1(a)(2)(iii)(A), Newcomb & Boyd is the only responsible source for this requirement because they are the Mechanical Designer of Record (DOR). The DOR is the only A-E capable of providing design clarification and changes to the original mechanical design. Award to any other A-E is not a viable option/alternative because any A-E that makes changes to the original mechanical design must accept full responsibility for the original design and relieve the DOR of liability. Market Research indicates that no A-E is willing to take on this liability without a redesign/verification of the original mechanical design. This would result in a substantial duplication of cost to the Government, estimated from $200,000 to $300,000. The additional cost to duplicate this effort would not be recovered through competition. A redesign/verification would also create unacceptable delays in the completion of construction and turnover of the facility, and possibly result in delay claims and increased contract costs.

The VA Atlanta Facility procured the original A-E design contract for VA Urgent Care Facility in Decatur, Georgia with TBB Design Development. Once the design was complete, the VA terminated the contract with the prime A-E, TBB, for convenience. 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 those in the pool. After Notice to Proceed (NTP), Edgewater Construction submitted RFIs to USACE pertaining to the mechanical, electrical and plumbing systems that could only be answered by the DOR, Newcomb & Boyd. Edgewater Construction also submitted a Value Engineering (VE) change that could only be evaluated by the original designer. Since the VA terminated the original design contract with TBB, neither USACE nor the VA could modify it to add Title II services for construction support; therefore USACE is seeking to obtain a contract with Newcomb & Boyd directly.

If this J&A is not approved, the Government will not have a liable/responsible A-E DOR to provide design changes and design clarification as responses to RFIs; therefore, the construction contract would have to be terminated for convenience.

3. Efforts to Obtain Competition: Several A-E’s with USACE contracts were contacted as well as posting the scope to the FBO site for any/all interested parties to identify their interest.

No A- E’s contacted were willing to accept the liability and no responses were received from the FBO posting.

4. 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.

5. Market Research: A notice of intent to award to the original A-E DOR was posted to Federal Business Opportunities website (fbo.gov) on 1 August 2016. All interested parties were offered the opportunity to identify their interest by submitting capability statements within fifteen days.

As of Response date, 15 August 2016, we only received one response and it was only a capability briefing of the company. It did not address the specialized and technical competence required by the A-E to fulfill the Title II Services in accordance with Brooks Act at a fair and reasonable price to the government.

6. Interested Sources: To date, no other sources have written to express an interest.

7. 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:

Title:

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 Newcomb & Boyd Consultants and Engineers proposal in comparison to the details of the Independent Government Cost Estimate. Also, fair and reasonable cost will be determined through evaluation of Newcomb & Boyd Consultants and 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:

Title:

Date:

Signature

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

Name:

Title:

Date:

Krista R. Fayard Project Manager

Krista R. Fayard Project Manager

23 August 2016

23 August 2016

FAYARD.KRISTA.R.12581653

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: 2016.08.23 10:31:35 -05'00'

FAYARD.KRISTA.R.1258

165337

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: 2016.08.23 10:32:44 -05'00'

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: 2016.08.26 15:26:25 -05'00'

BRACKETT.KIMBERL

Y.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: 2016.08.26 15:27:39 -05'00'

Approval

Based on the foregoing justification, I hereby approve the procurement of AE construction support services on another 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:

(See Signature) Contracting Officer

Date:

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: 2016.08.26 15:26:01 -05'00'