A.02.03_Justification_and_Approval_JA_-_RS_Means_Online_2019(F).pdf

Control No. ________________

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $700K)

1. Contracting Activity: U.S. Army Corps of Engineers, Savannah District, Contracting Division, Supplies and Services Section, 100 West Oglethorpe Avenue, Savannah, GA 31401.

2. Description of Action: Approval is requested for the sole source procurement of RS Means data which is required by SATOC/IDIQ contracts for use by Contractors in the development of their proposals and the Government in the development of its Independent Government Estimates. RS Means data, provided and updated quarterly by Gordian, is the most common source for construction costs throughout the industry. Gordian is the sole provider of RS Means Online, allowing for estimators to create estimates and export them in a file which can be shared.

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds:

Name of Proposed Contractor(s): Gordian Street Address: 30 Patewood Drive, Suite 350 City, State, Zip: Greenville, SC 29615 Phone: 202-480-1191

3. Description of Services or Supplies: This request is for the approval of a sole-source procurement for Provide access to RS Means Online (RSMO) Master Union Package for Core users and Complete users.

Subscriptions will be for one year from the date of award of each line item. RS Means is used to perform Independent Government Estimates (IGE) for construction projects. It is used to calculate construction and restoration costs. It is also used to produce cost estimates for engineering and construction contract modifications. This is the same data that our contracts mandate contractors to use when preparing their quotes/bids. The stand-alone and online based versions provide the same data.

The total estimated value of the proposed action is $ 600,000

Provide access to RS Means Online (RSMO) Master Union Package for Core users and Complete users. Subscriptions will be for one year from the date of award of each line item.

Core users require the following:

- RS Means Cost Data (national and locality-based)

- Unit costs

- Current year costs, updated quarterly

- Estimate Creation

- Ability to export estimate to Excel

Complete users require the following:

- Core requirements

- Assembly and SF model costs

- Access to quarterly data for the previous 3 years

For both Core and Complete users, the following cost datasets are required:

- Building Construction

- Mechanical

- Electrical

- Plumbing

- Site Work & Masonry (including landscaping and concrete)

- Heavy Construction

- (Commercial) Renovation & Interior Costs

Base and Options Outlined Below:

DESCRIPTION OF WORK UNITS

Year 1 BASE 2019 RSMO Master Union Package Core 50 BASE 2019 RSMO Master Union Package Complete 50

Year 2 Option 1 2020 RSMO Master Union Package Core 50 Option 2 2020 RSMO Master Union Package Complete 50

Year 3 Option 3 2021 RSMO Master Union Package Core 50 Option 4 2021 RSMO Master Union Package Complete 50

Year 4 Option 5 2022 RSMO Master Union Package Core 50 Option 6 2022 RSMO Master Union Package Complete 50

Year 5 Option 7 2023 RSMO Master Union Package Core 50 Option 8 2023 RSMO Master Union Package Complete 50

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer 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)

FAR 13.501(a)(2): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the requirements of FAR 13.501(a) apply to sole-source acquisitions conducted pursuant to Subpart 13.5 (Reference: FAR 13.106-1(b)(2)). Subpart 13.5 is Simplified Procedures for Certain Commercial Items (see 41 USC 1901; or for contingencies see 41 USC 1903)

4. Authority Cited: 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 as implemented by FAR 13.5, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reasons for Authority Cited: RS Means data is specifically required by all current IDIQ Order Contracts for use in preparing proposals for individual task order work under the contract. The intent is for both the Government and the Contractor to utilize the same published (catalog) cost and pricing information from the same database in preparing the procurement package. In order to support this concept, the Construction Division must have this specific data set. In addition, the RS Means Online is used as an estimating tool by the contractor and the Government to establish fair and reasonable costs for modifying MILCON and O&M contract projects.

RS Means data, provided and updated quarterly by Gordian, is the most common source for construction costs throughout the industry. Gordian is the sole provider of RS Means Online, allowing for estimators to create estimates and export them in a file which can be shared.

Gordian sells RS Means data to third party contractors who utilize it for their cost estimating platforms; however, these third party contractors play no role in the development of the RS Means data.

USACE Savannah District is very familiar with RS Means data and RS Means Online. RS Means data has been used consistently for years by USACE Savannah District Construction Division to develop cost estimates and a trial of RS Means Online has recently been conducted to ensure it meets our needs and functions correctly on our network. USACE also requires its project engineers and contractors to utilize RS Means data for specific contract actions to ensure that a fair and reasonable price is negotiated for construction projects.

6. Actions to Increase Competition: Gordian is the sole provider and developer of RS Means data, which is a nationally and industry recognized source of costs for construction projects.

No additional sources can meet the Government’s requirements since the data is proprietary to Gordian. Further market research will be conducted in the future to determine whether another provider can meet the requirements of this action. It is incumbent upon the Government to ensure project delays and additional costs do not occur. No other source provides the required features which includes interoperability, technical support and bug fixes. The requirement of this supply cannot reasonably be met by another source because there are no others available.

7. Market Research: Market research was conducted online. Some companies utilize RS Means data in software that includes more features (takeoffs, generating reports, maintaining past records, etc.) than RS Means Online, which is not a requirement of this action. Additionally, those companies do not develop or update the pricing – that is provided by Gordian.

A search of the GSA Federal Supply Schedule did not result in any supplies that meet the requirements of this action. RS Means physical books are available for purchase; however, RS Means Online database allows for streamlining the development, research, and processing of estimates.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W912HN-14-P-0035 Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale:

FAR 13.501(a)(2) because the value exceeded the SAT but was less than $7M and the vendor was the only offerer who could provide the RS Means data since it was proprietary.

9. Additional Facts and/or Information to support the justification.

No additional facts and/or information.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Kenneth F. Gray, P.E.

Position Title: Chief, Construction Division, USACE Savannah District Email address: Kenneth.F.Gray@usace.army.mil

Signature:_________________

Date:_________________

11. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made based on the price analysis of historical data and information obtained from technical experts. Cost or pricing data is not required in accordance with FAR 15.403-1(b) (3) because this is a commercial item.

12. Small Business: I certify that I have reviewed this document and supporting data and concur with the findings.

Typed Name: ________________________________ Date: ______________________

Signature: __________________________________________

13. Legal Review (IAW UAI 5101.602-2-90(c)): I have reviewed this justification and find it legally sufficient.

Legal Counsel

Typed Name: ________________________________ Date: ______________________

Signature: __________________________________________

Leila Hollis 27 Feb 2019

13 March 2019Connie L. Baran

HOLLIS.LEILA.1229930

Digitally signed by HOLLIS.LEILA.1229930300 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HOLLIS.LEILA.1229930300 Date: 2019.02.27 11:31:36 -05'00'

GRAY.KENNETH.FORREST.1033450822

Digitally signed by GRAY.KENNETH.FORREST.1033450822 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=GRAY.KENNETH.FORREST.1033450822 Date: 2019.03.12 17:58:58 -04'00'

BARAN.CONNIE.LEDFORD

.1229875910

Digitally signed by BARAN.CONNIE.LEDFORD.1229875910 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BARAN.CONNIE.LEDFORD.1229875910 Date: 2019.03.13 09:13:14 -04'00'

12 Mar 2019

14. Contracting Officer’s Approval (actions less than $700K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE:

NAME:

TITLE: Procuring Contracting Officer

Bruce A. Helms

29 Mar 2019