W912BU-17-D-0015 P00002 - JA - Ramboll-OBG Capacity Increase 29 APR 21 Signed.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY:

U.S. Army Corps of Engineers (USACE), Philadelphia District (NAP), Contracting (CT), 100 E. Penn Square, Philadelphia, PA 19128.

2. DESCRIPTION OF ACTION:

Approval is requested to modify contract W912BU-17-D-0015 to increase the contract capacity by $700,000 to a total capacity of $5.7M to ensure Engineering Division is able to support the FUSRAP and other Geo-Environmental programs without a break in service. The existing Single Award Task Order Contract (SATOC) was awarded to Ramboll1Americas Engineering Solutions Inc. (Ramboll) through Full Open Competition under the Brooks Act. Of the $4.1M awarded since IDIQ acquisition, FUSRAP support has accounted for more than $2.2M. The IDIQ has utilized 84% of its capacity to date, is projected to expend all of its capacity in the next 6 months and is expected to require another $650k (without any contingencies). There is a high likelihood that modifications to existing Task Orders will be required due to unforeseen conditions and requirements. Additional capacity is needed to ensure funding is available for these likely future modifications as they are encountered, so that the projects can be advanced without delay.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The current IDIQ contract was awarded in the amount of $5M. The proposed modification will increase the capacity by $700,000, which brings the total value of the contract to $5.7M. The ordering period for the IDIQ contract is through 23 Sep 2022. An ordering period extension is not requested as part of this J&A.

This IDIQ contract for Architect-Engineer services is to perform professional engineering and design service projects for various locations within the boundaries of the Philadelphia District (PA, NJ, DE, MD, NY) but could also include other states and districts covered by the U.S. Army Corps of Engineers North Atlantic Division’s mission areas (NY, PA, NJ, DE, MD, VA, WV), and the District of Columbia. Work includes Supplementing the USACE’s capability for providing Geo- Environmental and geotechnical professional, and related services for planning, design and construction quality assurance in support of the military, work for others, and civil works missions assigned to the District.

There are presently 21 Task Orders against this IDIQ, of those, two are anticipated to require modification and one new Task Order projected for which, only Ramboll can provide the unique services without incurring undue cost and delay.

• JBMDL Construction Administration Support Modification Ramboll is currently providing NAP with technical reviews and construction administration support for a construction project on Joint Base McGuire-Dix-Lakehurst. Ramboll was selected for this service because they were previously contracted by the Joint Base as the Designer of Record for the project several years prior. Due to unforeseen construction issues, the Task Order services have been nearly expended and we anticipate needing another $150k in services before the project is complete.

• FUSRAP Cost to Complete Modification Task Order 12 under this contract required Ramboll to conduct a Cost to Complete (CTC) analysis as of 2021 on the FUSRAP site. A recently awarded option under Task Order 17 of this contract will require the CTC to be current as of 2023 when the Explanation of Significant Differences is due to the public as a result of the increasing cost to remediate the contamination at the subject FUSRAP site.

1 The contract was originally awarded to O’Brien & Gere, however they were acquired by Ramboll and the contract has officially been changed to Ramboll

Vineland Air Sparge Pilot Study This is a new Task Order continuing the pilot study that Ramboll designed and has maintained through this IDIQ over the last several years. Estimated cost to complete the study is $110k.

Ramboll

4. AUTHORITY CITED :

10 U.S.C. § 2304(c)(l), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-l(a)(2)(iii).

5. REASON FOR AUTHORITY CITED:

A $700,000 increase in capacity is requested and has been communicated to industry through a Notice of Intent. The amount of the requested capacity increase is based on the expected contracting needs. This request is being submitted because the existing contract holder, Ramboll, is the only source that can provide continued unique services to maintain the overall delivery of each of the above projects. Each project’s services have been advanced to the point that requiring another A/E to pick up and incorporate Ramboll’s design in a change order proposal modifying a task order, or through a new task order, is neither realistic nor cost effective. Ramboll and its subcontractors have developed a thorough understanding of each project site, project goals, and customer concerns that a different A/E could not simply pick up and incorporate in a modification of a task order, or new task order, without a significant learning curve. Ramboll has produced product submittals unique to each users’ requirements, and their design is based on Ramboll’s assumptions derived from the execution of each task order.

• For the JBMDL Construction Admin Support modification, Ramboll is currently providing Construction Administration services for the construction of the JBMDL Building 1907 HVAC project. Ramboll is the Designer of Record for this project and the same engineers are supporting the construction phase. Substituting another engineering firm while construction is ongoing will may adversely impact the project by the government not being able to provide timely answers to the contractor's RFIs, submittal reviews, and could adversely impact the construction contractor’s schedule and increase costs. Our client at JBMDL is requesting Ramboll complete the construction administration work. Trying to insert another design contractor into the project at this stage would be extremely inefficient and end up causing unnecessary delays to this critical infrastructure project.

• For the DuPont FUSRAP Cost to Complete Modification the project required an unforeseen modification. If a different A/E had to be brought on to the project, the loss of knowledge from this extremely complex project would result in delays that could impact our cost-plus fixed fee construction contractor. Delays would include time spent gaining an understanding of the complex site geology, historic disposal practices, and the innovative investigative digital data tracking system that Ramboll invented for this site.

• For the Vineland Air Sparge Pilot Study, Ramboll designed and built an air sparge trailer. EPA recently purchased the trailer from Ramboll. EPA recently decided that they wanted the USACE to run the system longer than initially anticipated because they do not have a replacement system available thus they have requested that the USACE have Ramboll run the trailer for an additional limited time period. Since Ramboll designed and built the air sparge system trailer, Ramboll has knowledge of the system and bringing in a new contractor would result in delays and downtime for the system. This air sparge system keeps arsenic contamination from impacting groundwater ultimately protecting streams and a lake from additional contamination. Delays and down-time could result in damage to the environment.

Additionally, Ramboll’s design assumptions would not be easily available to another A/E. Further, designer liability to the Corps for defects and construction cost limitations would be compromised with two different designers having responsibility for the design of a building: one for the task order and another for the task order modification. Nor would a different A/E accept any liability for Ramboll’s design without significant cost duplication. The scope of Ramboll’s services under the contract include design modifications.

(a) Background on the Existing Architect Engineer A/E Contract: Contract W912BU-17-D-0015 with Ramboll was issued on 23 Sep 2017 as a five-year, $5M IDIQ contract. This ordering period and capacity were considered sufficient at the time of the solicitation based on a review of previous A-E services contracted task orders and a projection of upcoming work based on best available knowledge. Many unforeseen factors contributed to the need for additional capacity. Specifically, when the contract was first solicited, NAP did not anticipate the volume of FUSRAP projects it received. Since Ramboll is NAP’s only geo-environmental contract, all task orders supporting FUSRAP program were awarded to them. In addition, the level of effort required to support JBMDL projects for which NAP is responsible for construction administration and Ramboll was the designer of record through previous contracts has greatly exceeded expectation during this contract cycle.

(b) Justification/Impact: Major work includes the on-going support of FUSRAP remediation efforts. If task order modifications are required and there is no remaining contract capacity, the impacts would be severe.

Much of the work under these task orders is unique, individualized designs for each site and location. Drafting modifications to these existing designs would require ramp up time so significant that it cannot be easily or efficiently transferred to another contractor. Further, Ramboll has the responsibility under its contract to include any design modifications in its final deliverables. Funding needs to be available for these unanticipated future modifications as they are encountered, so that the design can be advanced without delay.

(c) Alternatives: There are no alternatives available to the Government that would provide the services required without unacceptable A/E liability issues and delays while funds are sought to cover a task order modification.

6. EFFORTS TO OBTAIN COMPETITION

As indicated above, Ramboll is determined to be the only responsible source available to continue these unique design services.

Also, as noted in section 9, below, no other sources responded to a Notice of Intent (NOI) published in February of 2021.

7. ACTIONS TO INCREASE COMPETITION:

The purpose of this proposed action is solely to increase the capacity of the existing A-E Services IDIQ. Ramboll’s IDIQ contract was awarded based on full and open competition. A new five-year unrestricted A-E IDIQ contract is being procured on a parallel track with award anticipated second quarter of fiscal year 2022.

8. MARKET RESEARCH:

A NOI to increase capacity of this IDIQ was synopsized on 09 April 2021. The NOI was published for the required 15 days on the beta SAM website. There were no responses to the NOI. Past history and market research indicate that there are other large-business firms that could perform the type of work required under this A-E Services IDIQ, and it is expected that these firms will respond when the ongoing full and open competition solicitation is issued. However, for the immediate work at hand, no contractor other than Ramboll would be able to continue to perform this work without unacceptable liability and delay. This Justification and Approval for other than full and open competition will be made publicly available on the beta SAM website.

9. INTERESTED SOURCES:

A NOI to increase capacity of Ramboll’s IDIQ contract was posted on 19 February 2021 and closed on 5 March 2021. No responses were received, and, to date, no other sources have expressed interest in the subject action.

10. OTHER FACTORS:

The Government will assure that Ramboll will competitively subcontract future contract actions to the maximum extent practicable.

11. TECHNICAL CERITIFICATION:

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: CPT Daniel B. Powell, PE DATE: _26APR2021

TITLE: A-E Coordinator SIGNATURE:

12. REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

NAME: Andrew Schwaiger DATE:

TITLE: Chief, Engineering Division SIGNATURE:

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Proposed prices for the product will be compared to the independent government estimate that will be developed.

Certified cost or pricing data will be requested if determined to be necessary.

NAME: Jamaal Edwards DATE:

TITLE: Contracting Officer SIGNATURE:

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this J&A is accurate and complete to the best of my knowledge and belief.

NAME: Jamaal Edwards DATE:

TITLE: Contracting Officer SIGNATURE:

APPROVAL

Based on the foregoing justification, I hereby approve the $5.7M cumulative capacity for W912BU-17-D- 0015 held by O’Brien & Gere, Inc, on an other than full and open competitive basis pursuant to the authority of 10 U.S.C. 2304(c)(1) and FAR 6.302-l(a)(2)(iii), "Only one responsible source and no other supplies or services will satisfy agency requirements", subject to the availability of funds and provided the services herein described have otherwise been authorized for the acquisition.

NAME: Jamaal Edwards DATE:

TITLE: Contracting Officer SIGNATURE: