J A_-_For_Other_Than_Full_and_Open_Competition.pdf

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN FULL AND OPEN COMPETITION

·r CONTROL NO. NAE-16-03

PROJECT: PROFESSIONAL SERVICES FOR EXHIBIT FABRICATION FOR THE NATIONAL MUSEUM OF THE

UNITED STATES ARMY, FORT BELVOIR, VA

AUTHORITY: 6.302-1(a)(2)(iii) AMOUNT $3, 000, 000. 00 NAME (Type or Print) TELEPHONE NO

Prepared By: ~S_h_e_i_la_B_e~rq~e_r_o_n _______________ -+-9_1_8_-_3_18_-_8_0_7_4 _______ -;

TITLE DATE

Project Manaqer/Enqineerinq Technical Lead 5/31/2016 NAME (Type or Print) TELEPHONE NO

Contracting Officer Jessica M. Kidd 978-318-8699

TITLE DATE

Same as 13 & 14 in J&A Contractin!=I Officer 5/31/2016 NAME (Type or Print) TELEPHONE NO

Requirements Scott E. Acone, P.E. 978-318-8162

TITLE DATE

Chief, Engineering/Planning Division 5/31/2016

I -- I

!SIGNATURES ARE-REQUIRED BELOW: ...

I have reviewed this J&A and find the justification adequate to suooort other than full and open competition

Deputy for Small Business

Project Manager* If no PM, use N/A

Office of Counsel

[)_CC/CCC Contracting Chf

District Commander

PARC Counsel

PARC Concurrence

SIGNATURE m91,,11y,1goedby DATE

DANTUONO.EVA_""g~""~="""~ ... ~""'\,"s""":~"""~~""'~~~'"'~'"':;:._•_1---------------i NAME (Type or Print) .M.1228536128 ~~bf~~-:6.~y~-,i~i2ss3612a Eva Marie D'Antuono oo1.,201•.os.31 ,.,,,,,0.04"00·

SIGNATURE

NAME (Type or Print) Sheila Berqeron

SIGNATURE

NAME (Type or Print) _ John Astlev

SIGNATURE

NAME (Type or Print)

BERGERON.SHEILA.' :::::;:~;'2.:;_::a;:~;:;( MARIE.l009301492 i;±.'"'"""""

Date: 2016.06.02 06:55:45 -04'00'

Sheila M. Winston-Vincuilla

SIGNATURE HERLIHY DANIEL JO ~r::~~"::'a'1sEPH.'2473''177 ' • , DN:c,.US,°"'U5.Govanmrot,oir-Do0, TELEPHONE NO

978-318-8427

DATE

31Mav2016

TELEPHONE NO

978-318-8074

DATE

TELEPHONE NO

978-318-8244

DATE

TELEPHONE NO

978-318-8159

DATE

rrn1 ~~A~~rr~11_...,,,~~m~·'m=U~S~"'°""""'"""'m----t==-:=-=:-:-:-:::-:-;~:-;-:::-------~ NAME (Type or Print) 0"""'"06.'""""'-0400 TELEPHONE NO COL Christopher J. Barron 978-318-8220

NAf\11 E (Type or Print) Barbara Hebel

SIGNATURE -0

d-.0.Uhl)...

NAME (Type or Print) Laura Eichhorn

DATE

TELEPHONE NO

374-370-4590

DATE 13 June 2016

TELEPHONE NO

404-562-5051

Control No.: NAE-16-03

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR:

Professional Services during Fabrication of the Exhibits for the

National Museum of the United States Army Fort Belvoir, Virginia

Eisterhold Associates, Incorporated

In Support of National Museum Project Office

CONTRACTING DIVISION

U.S. Army Corps of Engineers

New England District

May 31, 2016

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING AGENCY:

U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742

2. DESCRIPTION OF ACTION:

The proposed action is a $3M, 5-year, sole source Indefinite Delivery Indefinite Quantity (IDIQ) professional services single award task order contract (SATOC) to allow for the incumbent exhibit support firm, Eisterhold Associates, Inc. (EAI), to complete all remaining exhibit support services for the National Museum of the United States Army (NMUSA) at Fort Belvoir, VA.

Operation and Maintenance, Army (OMA) funding will be used for this effort. Funding is available and estimated in the amount of $500k to perform the initial exhibit support effo1is in support of NMUSA in the first task order. EAI is a small business exhibit design firm under NAICS codes 541410 and 541430. This award will allow the exhibit design and fabrication support services for the museum to be completed by a single firm that also completed the exhibit design, ensure consistency, and enable the museum to open on its scheduled opening date of June 2019. Information was provided in the Notice oflntent, Solicitation Number W912WJ-16- R-0021, posted on 10 May 2016.

3. DESCRIPTION OF SUPPLIES/SERVICES:

EAI' s role is to work alongside the exhibit fabricator, Design and Production, Inc. (D&P), throughout the entire exhibit fabrication process. Purpose is to ensure the original design intent is preserved and D&P's products are in accordance with the approved construction documents and specifications to a national museum quality. EAI will provide feedback and recommendations to the Government. For example, they will review the submittals for the exhibits. Submittals include, but are not limited to: material samples, graphic proofs, paint colors, shop drawings, samples and prototypes, graphics, detailing, and operation and maintenance manuals. Exhibits consist of all scenic elements, exterior and interior graphic panels/elements, tableaus and other scenic elements, immersive settings, exhibit specialty lighting, AV hardware, hardware integration, dioramas, scale models, full-size models, artifact labels, demising/exhibit walls, flooring, platforms, and macro aiiifact handling and installation.

The effort also includes periodic review of exhibit fabrication performed at D&P's facilities, D&P's subcontractors' facilities and at the museum. Site visits will be conducted at key intervals during exhibit fabrication work, exhibit and aiiifact installation, inspection, testing, start-up and acceptance phases. There is extensive coordination through calls and meetings with D&P's subcontractors on items such as cast figures, scenic elements, etc.

In addition, the exhibit design and fabrication suppmi firm needs to respond to most of the Requests for Information (RFI). For materials no longer available, it will need to determine which currently available product will meet the intent of the originally specified type of product.

Efforts also include coordination not just with the fabricator, but also the museum building designer and general construction contractor. The exhibit design and fabrication support firm will assist in the coordination of all connection points, conduit lines, data and power requirements and all aspects of fabrication/installation of the exhibits which affect the general construction contractor and exhibit fabricator. It will provide on-site final aim/focus and tune-up of the exhibit lighting during installation and post-opening. The scope of the exhibit design and fabrication support firm's efforts described above is considered standard for the fabrication industry.

4. AUTHORITY CITED:

10 U.S.C. 2304(c)(l), as implemented by FAR 6.302-l(a) (2) (iii), which states that "For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition;

or (B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C.

2304(d)(l )(B).)"

5. REASON FOR AUTHORITY CITED:

A. Background:

The NMUSA campus will be located on a site of approximately 85 acres of land presently occupied by the Fort Belvoir No1ih Post Golf Course. The vision and mission of the NMUSA is to educate, excite, inspire and ente1iain visitors of all ages on the history and culture of the United States Army. The NMUSA will preserve, study, and interpret Army material culture, educating visitors in the history, traditions and accomplishments of the Army. The nature, extent and quality of exhibits and environments envisioned for NMUSA are expected to meet or exceed that of other national history and military museums of similar size. The NMUSA will open as a new museum building with additional campus elements. It will initially consist of approximately 185,000 gross square foot facility that houses approximately 50,000 net square feet for nine exhibit galleries and a theatre in the exhibit wing. It will also include:

Experiential Learning Center, food service and retail areas, Veterans' Hall, lobby, administrative space and other areas. Extedor features will include a parade ground, Army Trail, amphitheater and memorial garden as well as landscaping and parking. NMUSA is expected to attract a steady state attendance of approximately 600,000 visitors annually. The planned current target date for completing the museum is December 2018, followed by start up, testing, and training for a grand opening on the Army's bilihday in June 2019.

The museum building and campus will be funded and constructed by the Army Historical Foundation (AHF). AHF is a non-government, 501(c)(3), not-for-profit agency established with the mission of raising the private funds and constructing the NMUSA. In 2000 the Secretary of the Army designated AHF as the primary partner in the building of the NMUSA;

in this role the AHF is actively carrying out its capital campaign to raise funds and build the NMUSA campus. Construction of the NMUSA campus is contingent upon fundraising success by AHF. While there have been some delays, AHF is moving forward expeditiously. AHF has received the requisite financial backing and entered into a contract with Clark Construction Group, LLC to build the museum. Congressional notification of this information was completed in September 2015. The Army also has a Military Construction, Army (MCA) infrastructure project to support the museum. Some MCA work started in February 2016. The Assistant Secretary of the Army for Installations, Energy & Environment (ASA (IE&E)) and AHF are equally committed to executing their respective responsibilities, as outlined in the Memorandum of Agreement signed 1July2015. The Army is moving forward to keep its commitment with the museum opening date to the extent that funds and authorizations permit.

Fabrication of phase one of the NMUSA exhibits is currently underway and proceeding expeditiously to support a museum opening in June 2019 under D&P 's contract W912W J- l 1- D-0008-0001.

A best value trade-off procurement was initiated in FY07 for a professional services IDIQ contract for exhibit design and support services. The scope of the professional servfoes contract was to provide all exhibit design and support services for NMUSA. However, it did not result in an award. In 2008, a second procurement resulted in an award to Christopher Chadbourne and Associates, Inc. (CCA) for a 5-year, $15M IDIQ professional services contract, W912WJ-08-D-0006, in August 2008. The procurement utilized a best value trade off analysis as the selection of a highly qualified exhibit design firm was of vital importance to ensure the exhibits would be of a quality suitable for a national military museum.

After taking into consideration EAI's qualifications and abilities, schedule and funding requirements, NAE accepted the novation. In April 2012, a novation agreement and modification to the contract transferred responsibility of the IDIQ contract and the two task orders from CCA to EAL

The IDIQ contract was established with a base year and four option years. The IDIQ ordering period could have therefore been through August 2013. This contract type was deemed adequate at the time. However, due to unforeseen circumstances to the NMUSA program, additional time and scope was required, necessitating an increase in the time and duration of that IDIQ contract. A Justification and Approval (J&A) for this IDIQ contract was signed by PARC-ATL on 31 July 2013, increasing the capacity to $19M and extending the contract period through 30 June 2018.

As a result of administrative inadvertence, Option Year 2, which would have extended the IDIQ ordering period past 22 August 2010, was not timely exercised. The Government cannot now utilize IDIQ contract W912WJ-08-D-0006 for any new task orders. The Government will utilize a new SA TOC Professional Services contract.

Utilizing the exhibit designer for support during fabrication is essential to create exhibits of a quality suitable for a national museum. To acquire a new firm for the remainder of the effotis would significantly degrade the outcome of the exhibit quality. Because the exhibits include creative, artistic elements that are subject to interpretation, the fabricator must work in close collaboration with the exhibit designer throughout the entire process to ensure the original design intent is thoroughly captured. It is most beneficial and cost effective to have the exhibit designer of record - the party most knowledgeable of the product - provide the exhibit supp01t services during fabrication. This is particularly true for NMUSA, a project that is innovative, sophisticated, and technically complex.

B. Summary:

FAR 6.302-1 (a) (2) (iii) provides that, for DoD, services may be deemed available from the original source in the case of follow-on contracts for the continued provision of highly specialized services only when it is likely that award to any other source would result in: (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or (B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C.

2304( d)(l)(B)).

C. Justification:

If this requirement for highly specialized services is solicited competitively, there would be a substantial duplication of costs of up to $200k. This amount includes costs for: procurement ($60k) and additional exhibit support costs ($140k).See Section E for further analysis. There would also be unacceptable delays of up to thirteen months associated with procurement time (ten months) and time for the new firm to become familiar with project requirements (three months). Additionally, there would be a degradation in quality of the exhibits and museum experience since a new exhibit design firm would be unable to accurately determine if fabrication meets the design intent; only the designer of record can accomplish that action.

The services required are highly specialized. The NMUSA exhibit effort is unique in terms of scheduling, complexity and scale.

EAI

has developed a collaborative relationship with the stakeholders: the exhibit fabricator; the National Museum Project Office; Center of Military History; the museum campus A-E designer Skidmore, Owings, and Merrill, LLC; the mechanical, electrical and plumbing designer for museum campus, Clark Construction Group, LLC; and the Corps of Engineers.

The stakeholders have a high level of confidence in EAI' s ability to perform the work as EAI has demonstrated superb performance throughout the life of the contract. EAI has intimate knowledge of the exhibit design, as it was EAI that completed the design in December 2013.

EAi's continued involvement is crucial for project success, as illustrated by its extensive historical knowledge, familiarity with the design, customer needs, designers, customer and other project stakeholders.

It is helpful to note that EAI continues to maintain its expertise in the exhibit design and fabrication support arena. In the last few years, EAI has provided exhibit fabrication services for several museums and centers.

EAI has performed the following tasks: project management, kickoff, coordination, progress and planning meetings, weekly conference calls with NAE, the fabricator and the customer, intensive detailed coordination with the exhibit fabricator, response to fabricator's RFis detailed clarifications on design intent, and reviews of the fabricator. These reviews include:

pre-fabrication design, fabrication shop drawing, material samples, paint samples, spatial studies, cast figures, prototypes for scenic samples for AV, prototype for cast figure cases, prototypes for artifact cases, and plans for rigging. Many of the tasks will need to continue throughout the fabrication process.

Since EAI has already started the exhibit support process, it would be problematic to use a different firm for the remainder of the effort. Another exhibit firm would have its own preferences for the required efforts, and may not be comf01iable with the methods, materials and processes which were previously agreed to, used and accepted. This may create a disjointed visitor experience if new methods, materials and processes are used for a significant portion of the remaining effort.

As stated previously, D&P is moving forward expeditiously with the exhibit fabrication to meet its contract goal and customer requirements. Without the exhibit support firm alongside, the fabricator will not be able to continue its fabrication eff01is, resulting in claims for delays and potentially delaying the scheduled museum opening date.

Accordingly, EAI is the only responsible source to complete the NMUSA exhibit design and fabrication support services in terms of total cost, schedule, and product quality.

D. Impact:

If this justification is not approved, another procurement for the remaining of the NMUSA exhibit supp01i effort would be necessary. A firm with no knowledge of the intricacies of the original design could be responsible to perform oversight. There will be substantial duplication of costs, unacceptable delays in fulfilling agency needs, increased risks and degradation in quality in the completion of the NMUSA if another exhibit fabrication firm completes the eff01i. As discussed in the second paragraph of section 5 .A., there are multiple stakeholders, both Government and non-Government entities, and multiple contracts for NMUSA. A delay in getting an exhibit supp01i firm under contract has the ripple effect of additional costs and delays with other contracts, to include the exhibit fabrication firm, D&P, and the museum general contractor, Clark Construction Group, LLC, at a minimum.

E. Alternatives and Analysis:

(1) Compete a new contract. Initiate a new competitive procurement to complete remaining exhibit design and fabrication support services.

a. Substantial duplication of cost. There would be approximately $200k in duplication of costs for procurement and additional exhibit supp01i cost, as outlined below. The Government has received and evaluated initial pricing information from EAI for the entire exhibit support effort initially scoped in W912WJ-08-D-0006, TO 0002. Based on the responses to the Notice oflntent, there is no expectation that savings could be recovered through competition. The acclimation of new contractors to the project would result in a duplicate effort and higher competitive prices.

I. Procurement - $60k: assumes a best value acquisition with a pre-proposal conference and peer reviews to select a highly qualified firm.

11. Additional exhibit support cost - $140k: costs for the new firm to get up to speed with the project design and status of the exhibit support eff01is.

Assumes eff 011 would take six people from the new firm about three weeks on average, and assumes a two-day trip to meet with EAI and D&P. It also includes coordination/design presentation efforts for EAI and D&P. While total eff 011 estimated is for a full team for three weeks, this work may be spread out over the course of approximately three months to accommodate time needed by the stakeholders identified in Section C.

b. Unacceptable delays. If another firm had to perform the ongoing exhibit fabrication services, the New England District estimates the delays and impacts associated with openly competing a new requirement would be up to approximately thirteen months.

i. Ten months for soliciting and awarding a new best value contract.

11. Three months for the awardee to develop the necessary background and skill sets necessary to familiarize itself with the design intent and project requirements to effectively apply them in responding to D&P.

Based on above, approximately thhieen months is needed for a new firm to be in a position to be able to adequately perform the exhibit support services. This delay will not allow for sufficient time for D&P to execute its contract prior to those funds cancelling.

(2) Procurement through an existing contract from another district/agency. Consideration was given to procure the remaining eff01is through another existing contract. The project delivery team reviewed available contracts within Nmih Atlantic Division, the Center of Expe1iise for Curation and Management of Archeological Collections at the USA CE St. Louis District, The Army Single Face-to-Industry Acquisition Business Web Site, and the Interagency Contract Directory P01ial. However, exhibit design and fabrication support is a very highly specialized service. After review of the available IDIQ contracts, it was determined that no such contract is available.

(3) Use ofUSACE Resources. Exhibit design and fabrication support is a very highly specialized service. At this time, there are no USA CE districts with the full complement of expertise to perform such effo1is. In general, utilizing personnel completely unfamiliar with the exhibit design and the design intent would make it very difficult to accurately respond to RFis and perform the required exhibit support. Therefore, this is not a feasible alternative.

6. EFFORTS TO OBTAIN COMPETITION:

As stated in paragraph 5 above, EAI is the only responsible source to complete the remaining highly specialized work and can provide the most efficient and effective approach for the Government to complete exhibit design and fabrication supp01t services on a strict schedule in accordance with the exhibit fabrication schedule. A full and open competition for this action would introduce substantial duplication of cost and unacceptable delays. EAI is a small business firm which supp01ts the socio-economic goals of the Federal Government. In that original contract, W912WJ-08-D-0006, TO 0001 and 0002, small business firm(s) and consultants were hired for the effort. The Government will continue to supp01t and encourage this approach in the new contract.

7. ACTIONS TO INCREASE COMPETITION:

Extensive effo1ts were used to maximize competition for the original IDIQ contract. An industry forum was held during the solicitation period so that prospective firms could learn more about the project. That same day, a networking session was conducted to encourage teaming of firms with small and disadvantaged firms. It is also worth noting that work on this project has been distributed among multiple firms and contracts, including several small business subcontracts, since NAE's involvement in 2007, as shown below:

A. Planning Supp01t Services (A-E Task Order), awarded 2007 -$2.2M; was competitively bid.

B. Project Management Support to NMPO (A-E Task Order), awarded 2008 - $400k; was competitively bid.

C. Development of Exhibits for the Design of the National Museum of the United States Army IDIQ Contract (Professional Services), awarded 2008-total amount awarded $14M; was competitively bid.

D. National Museum of the United States Army IDIQ Contract (A-E), awarded 2008-value to date = $22.SM; was competitively bid.

E. Exhibit Fabrication and Installation IDIQ Contract (Professional Services), awarded 2011

- total amount awarded= $12.7M; was competitively bid.

F. Enhanced Commissioning of the National Museum of the United States Army (A-E), awarded 2012 -value to date= $183k; was competitively bid.

G. Exhibit Fabrication and Installation IDIQ Contract (Professional Services), to be solicited in 2016-value = $35M; will be sole source award to D&P.

H. Construction contract for the NMUSA site work and infrastructure, to be solicited soon;

will be competitively bid.

I. Artifact conservation - value to date =$500k; was competitively bid.

J. Theater construction, to be solicited in FYl 7 or FYl 8; will be competitively bid.

K. Furniture, to be solicited in FYI 7 or FYl 8; will be competitively bid.

This list includes only U.S. Army Corps of Engineers procurements starting in 2007 and does not include the contracts procured previously by the USACE Baltimore District (NAB), or the many contracts procured by other Army agencies to support NMUSA.

8. MARKET RESEARCH:

A Notice oflntent to award a sole source follow-on SATOC contract was synopsized on 10 May 2016 and published for the required fifteen days on Federal Business Opportunities. There were no responses. Additionally, market research was conducted in May 2016. Queries on the Interagency Contract Directory Po1ial and the Dynamic Small Business Search produced no results. While there were firms that included exhibit design as a capability in the Museums USA site, none of them responded to the Notice oflntent. Even if the firms had provided sufficient information, no other firm will be able to execute the work without an unacceptable delay and without substantial duplication of costs. Nor would they be able to do so without degradation in quality. The work is directly related to the design that EAI has been immersed in for the last four years, . This J&A for other than full and open competition will be made publicly available on the Federal Business Opportunities website.

9. INTERESTED SOURCES:

No responses to the Notice of Intent have been received to date. This SATOC contract for exhibit design and fabrication support professional services is necessary to complete the exhibit fabrication for NMUSA. As noted in paragraph 7 of this Justification and Approval, there will be other opportunities for interested sources to participate in future acquisitions.

10. 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: Sheila Bergeron DATE: 31May2016

TITLE: Project Manager

11. REQUIREMENTS CERTIFICATION:

I ce1iify that the supp01iing data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

NAME: Scott E. Acone, P.E. DATE: __ 2_J_un_e_2_0_1_6 _____ _

TITLE: Chief, Engineering/Planning Division

12. 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. Proposed prices will be compared to the independent government estimate that has been developed using historic costs for similar type services. Certified cost or pricing data will be required for all task orders over the threshold.

NAME: Jessica M. Kidd 6/2/2016

DATE: ___ _

TITLE: Contracting Officer

13. CONTRACTING OFFICER CERTIFICATION:

I ce1iify that this J&A is accurate and complete to the best of my knowledge and belief.

NAME: Jessica M. Kidd DATE: --=6/=2=/2c.=c..01~6~----

TITLE: Contracting Officer

APPROVAL

Based on the foregoing justification, I hereby approve the award of a sole source professional services contract to Eisterhold Associates, Inc., for exhibit design and fabrication supp01i services in the amount of $3,000,000, for the National Museum of the United States Army (NMUSA) at Fort Belvoir, VA under solicitation W912WJ-16-R-0021, pursuant to 10 U.S.C.

2304(c )(1), as implemented by FAR 6.302-l(a) (2) (iii) subject to availability of funds, and provided that the services and prope1iy herein described have otherwise been authorized for acquisition.

DATE: f1 F- J-IJJk r:~=u)~ Special Advocate for Competition U.S. Army Corps of Engineers