Justification_&_Approval_-_Orlando,_FL_AFRC.pdf

Justification and Approval for Other Than Full and Open Competition Justification

1. Contracting Activity: U.S. Army Corps of Engineers (USACE), Louisville District, P.O. Box 59, Louisville, KY 40201

2. Description of Action: This action is a request for other than full and open competition for a new agreement with RSP Architects, LTD, Minneapolis, MN (RSP). The agreement will be a new contract for Architect & Engineering services (A/E), not to exceed $251,000 using appropriated Operations and Maintenance, Army Reserve funds.

3. Description of Services: The Louisville District, U.S. Army Corps of Engineers has a need for A/E services required to conduct an investigation of the incremental settlement that has been occurring at the Wilson Armed Forces Reserve Center (AFRC) in Orlando, Florida. The A/E shall submit a report of findings with a minimum of three remediation solutions, including a cost analysis for each solution. The proposed solutions must prevent further settlement and restore the facility to its pre-settlement condition. This report shall also include a description of the building systems that have been damaged due to the building settlement. The solicitation will include an Option to include all services required to prepare plans, specifications, and other supporting documentation necessary for construction of the chosen remediation solution.

4. Authority Cited: The statutory authority permitting acquisition of the requirement by Other than Full and Open Competition is 10 U.S.C. 2304 (c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(b)(1)(i) – Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The Orlando AFRC is a three story facility, built new and occupied in 2003. In 2004 facility staff began noticing cracks in the drywall and cracks in the exterior masonry. The facility is currently exhibiting structural distress in the forms of interior wall and ceiling cracking, misalignment of doorways, and continued cracking of the exterior masonry. It is believed that south end of the North-South wing of the facility is experiencing incremental settlement causing the distress of the facility. In a letter from USACE Charleston District to the 81st DPW dated 10 November 2016, USACE Charleston District Engineering advised that the occupants of Building FL115 (Wilson AFRC in Orlando, FL) would need to evacuate the area of the building which is settling. The active nature of the settlement will continue to degrade the usefulness of the building as issues develop with non-structural systems and components. Over time, these issues may render the building uninhabitable.

Due to the urgent nature of the problem, RSP Architects is the only responsible A/E firm who can satisfy the current agency requirements in a thorough and expeditious manner. RSP Architects is the Designer of Record of the Wilson AFRC in Orlando, FL. Therefore, RSP is the only firm who has specific knowledge of the structure and its design, including the foundation system design, structural framing design and soil characteristics in the area of the worst settlement. This information is required to expeditiously determine the cause of the Orlando AFRC settlement within the necessary time constraints. This information is also required to determine the appropriate remedy to stop the settlement and repair the damage that has occurred to the structure. The use of any other firm to perform the work would result in an unacceptable loss of time and efficiency, including the significant cost and time for the new contractor to familiarize themselves with the building design and project location. Ultimately, this would lengthen the amount of time required to develop a solution to the settlement problem, resulting in potential life safety issues, additional damage to the building, and a higher cost to the government. The Government may be seriously injured unless the agency is permitted to limit the number of sources to the original Designer of Record (DOR), and a delay in award of the contract could result in serious injury to occupants of the facility. With the above rationale, there is a reasonable basis to conclude that RSP Architects, LLC is the only responsible A/E firm who can satisfy the pressing needs of the U.S. Army Corps of Engineers and U.S. Army Reserves.

6. Efforts to Obtain Competition: Efforts to obtain competition in this situation is not in the best interest of the government. RSP Architects is the only responsible contractor available because it has the necessary information to determine the cause of building settlement within the necessary time constraints. Use of another contractor could result in significant damage to the ARC or serious injury to the building occupants. In addition, the use of another contractor would lead to a substantial duplication of cost to the Government that is not expected to be recovered through competition (see rationale in Section 5).

7. Actions to Increase Competition: Subsequent requirements for these services will be reviewed to identify possibilities for competitive procurements. As part of this contract, the Government will require RSP Architects, LLC to obtain competition for any work that is subcontracted under this agreement.

8. Market Research: The Louisville District, U.S. Army Corps of Engineers has conducted Market Research by contacting other Government organizations, and reviewing all available Indefinite Delivery Indefinite Quantity (IDIQ) contracts available to USACE. Following a review of the master list of USACE’s IDIQ contracts, it was determined that USACE does not have a current IDIQ contract with RSP Architects, LLC, and therefore, borrowing capacity from another district in order to solicit and award a task order against a current IDIQ was not possible. The market research conducted resulted in the finding that based on the efforts in paragraph 5, RSP Architects, LLC, provides the only one responsible source, and no other services will satisfy agency requirements.

9. Interested Sources: To date, no other sources have written to express an interest. Notices required by FAR

5.201 shall be published, and any bids or proposals received shall be considered.

10. Other Facts: None

11. Technical 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.

Signature: __________________________________ Date: _______________

Typed Name: Erich J. Hoehler

Title: Project Manager

12. Requirements Certification: I hereby determine 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.

Signature: __________________________________ Date: _______________

Typed Name: Bruce . Doughten

Title: Chief, Reserves Section, Engineering Division

13. Legal Review and Concurrence:

I hereby determine that the information herein is legally sufficient and I concur with the sole source procurement.

Signature: ___________________________________ Date: ________________

Typed Name: Jonathan R. Bryant

Title: Assistant District Counsel

21 March 17

DOUGHTEN.BRU

CE.A.1230598904

Digitally signed by

DOUGHTEN.BRUCE.A.1230598904

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DOUGHTEN.BRUCE.A.1230598904 Date: 2017.03.20 09:49:23 -04'00'

HOEHLER.ERICH.JE

ROME.1104859662

Digitally signed by

HOEHLER.ERICH.JEROME.1104859662

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HOEHLER.ERICH.JEROME.1104859662 Date: 2017.03.20 17:07:52 -04'00'

BRYANT.JONATH

AN.R.1470694153

Digitally signed by

BRYANT.JONATHAN.R.1470694153

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=BRYANT.JONATHAN.R.1470694153 Date: 2017.03.21 08:35:37 -04'00'

14. Fair and Reasonable Cost Determination/Contracting Officer Certification:

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

Award of this contract will utilize cost analysis to evaluate the reasonableness of individual cost elements found within the proposal. Cost analysis will be performed in conjunction with a comparison of the proposed cost of historical prices paid, and in comparison with the independent Government cost estimate.

Signature: ___________________________________ Date: ________________

Typed Name: Aaron L. Sanford

Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Architect/Engineer services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ___________________________________ Date: ________________

Typed Name: Aaron L. Sanford

Title: Contracting Officer

SANFORD.AARO

N.L.1512306574

Digitally signed by

SANFORD.AARON.L.1512306574

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SANFORD.AARON.L.1512306574 Date: 2017.03.21 10:52:04 -04'00'

SANFORD.AARO

N.L.1512306574

Digitally signed by

SANFORD.AARON.L.1512306574

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SANFORD.AARON.L.1512306574 Date: 2017.03.21 10:52:37 -04'00'