JA_for_RS_Means_Software.pdf

Justification and Approval for Other Than Full and

Open Competition Justification

1. Contracting Activity: U.S. Army Corps of Engineers, Louisville District, Contracting Division, 600 DR. ML King, Jr. Place, Louisville, KY 40202 (CELRLCT-M)

2. Description of Action: Approval is requested for use of a brand name item, RS Means, as part of the Single Award Task Order Contract (SATOC) for various construction task orders to be performed at Defense Supply Center Columbus (DSCC), Ohio. The base contract will be an IDIQ containing $4,000,000 in capacity. The individual task orders will be awarded using multiple funding types (O&M, Defense Working Capital, etc.) across the multiple years of the contract. The funding types will be reviewed for fiscal compliance prior to the issuance of the individual task orders.

3. Description of Supplies/Services: Proprietary RS Means cost estimating software. The estimated sole source cost for the equipment is approximately $5,000.

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 FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

(a) Background: This contract is intended to provide rapid response for: new construction, upgrades, maintenance or repair of situations relating, but not limited to, site work, interior/exterior finishes, architectural woodwork, electrical, mechanical, plumbing, structural and fire suppression system of Government facilities in a cost effective manner. Work requiring the use of civil funds is not allowed. The contract will be for five (5) years with a total capacity of $4 mil. Work may include, but not be limited to:

General Construction: New construction, renovation, repair and/or upgrades of all permanent structures to include but not be limited to: interior/exterior finishes (floors, ceilings, doors, windows, paint, siding, etc.), architectural woodwork (molding, cabinets, etc.), electrical systems (conduit, wire, breakers, panels, transformers, emergency generators, interior/exterior high and low voltage electrical power lines, interior/exterior lights, emergency shut offs, lighting protection, etc.), mechanical systems (HVAC instrumentation & controls, HVAC control systems, commissioning, decommissioning, retro-commissioning, total building commissioning, gas lines, insulation, acoustical systems, underground high temperature lines, boilers, chillers & chilled water distribution systems, variable frequency controls on HVAC systems, etc.), plumbing systems (sanitary sewer, domestic water lines, backflow preventers, pumps, water coolers, etc.), fire suppression systems (fire alarm systems, sprinkler system, etc.), communication systems (mass notification system, IT lines, telephone & data lines, etc.), renewable energy systems (solar panels, ground source heat pumps, etc.), roofing systems (various roof types, gutters, downspouts, flashing, fascia, soffit, etc.), structural systems, fencing, gates, conduit and cables for security systems, Anti-Terrorism Force Protection systems (site layout, security design, building construction, threat development, level of protection, design constraints and communications, etc.) and the necessary appurtenances to consider the structure complete and usable.

Other Construction: New construction, renovation, repairs and/or upgrades of highways, roads, streets, sidewalks, decorative pavers, athletic/recreational surfaces, landscaping & irrigations systems, seeding/sodding, detection loops, pedestrian bridges, highway bridges (bridges that do not span over major waterways), parking lots, traffic lines/markings/signs. Work can also include the following, but not be limited to: site preparation, earthwork, grading, excavation & filling, clearing & grubbing, surveying, traffic & signalization and traffic studies. Storm water management, storm drainage systems and erosion control.

Incidental Work: Work incidental to the tasks performed in any of the above paragraphs shall be include, but is not limited to demolition, carpentry, lighting, and similar minor electrical work that may be required to provide a complete, safe and usable facility during and after the course of roofing, mechanical, plumbing or painting services.

Damage such as ceiling replacement, painting and carpet cleaning as a result of roof leaks.

Lead, asbestos and mold remediation work incidental to renovation work.

Surface deterioration incidental to interior/exterior repairs such as patching drywall, replacing siding, trim work, etc.

Relocating furniture, workstations, etc incidental to construction.

Testing, reports and surveys associated with new construction, renovation, repairs and/or upgrades and additions to buildings (including lead and asbestos), structures, roads (including traffic/pedestrian patterns).

(b) Justification: Use of RS Means software is required to provide a uniform basis for estimating cost of materials required with facility renovation projects for purposes of a consistent comparison to Government cost estimates.

(c) Impact: A fair and reasonable cost estimate provided by the Contractor cannot be sufficiently evaluated by the Government without the use of RS Means software.

(d) Alternatives: None viable for the reasons noted above in Paragraphs 5b.and c.

6. Efforts to Obtain Competition: The licensing for the RS Means software is available only from the primary developer. Competition for licenses and maintenance of the RS Means software is not currently available.

7. Actions to Increase Competition: None, for the reasons stated above.

8. Market Research: The type of contract contemplated that will utilize the RS Means software has previously been advertised and awarded through the USACE, Savannah District. The Savannah District contracts that incorporate the RS Means requirement have successfully completed projects of similar size and scope as those anticipated under the Louisville District’s planned SATOC IDIQ. Additionally, RS Means software is commercially available and is not limited in availability, per an internet search for licensing and maintenance support of the RS Means software..

9. Interested Sources: RS Means is the sole provider of cost estimating software that is capable of providing a uniform basis for facility renovation projects in a format that allows for consistent comparison to Government cost estimates.

10. Other Facts: 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.

Date Title: Project Engineer

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.

Title: Project Manager

13. Legal Sufficiency Review:

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

Title: Assistant District Counsel

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. The determination for fair and reasonable will be made by comparing the contractor’s price to the Independent Government Estimate. I further certify that this J&A is accurate and complete to the best of my knowledge and belief.

Title: Contracting Officer