Pre-Design Services for the Department of Transportation

General Services Administration Region 09, PBS, Acquisition Management Division

Justification for an Exception to Fair Opportunity



 1. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

 GSA Region 9, Design and Construction, is requesting authority to enter into sole source procurement for the services of an AE off of the Region 9 IDIQ contracts.  The contracted services will include a two to three day charrette with the Department of Transportation (DOT) and the development of Design Intent Drawings to be bid as a design-build contract.  This is not a request to enter into a sole source contract for the design-build contracts themselves.  Because the award would have been made off of the IDIQ contract, there is no need to waive the requirements of FAR 5.2 advertising the requirement in FBO.

2.         DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

 GSA currently has the DOT housed in a leased space at 201 Mission Street.  This lease expires on November 30, 2015.  The lease expiration affects three agencies within DOT including the Federal Transportation Administration (FTA), the Office of Inspector General (OIG) and Maritime Administration (MARAD).  These agencies will be moved into three separate federal buildings prior to the expiration of the lease.  In order to make this happen, GSA must receive the requirements from the agencies, hold a design charrette with each agency and develop Design Intent Drawings in order to bid the design to design-build firms.  In order to make the end date of November 30, 2015 the DIDs must be completed by May 14th 2015.  In order to accomplish this, the IDIQ contract requirement that all 5 firms in the IDIQ must be considered is not practical and GSA will chose one of the 5 to perform the charrette and DID development.  The anticipated award is $176,000.

3.         IDENTIFICATION OF STATUTORY AUTHORITY

            In Accordance With FAR 16.505(b)(2)(i)(A)

 4.         DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The IDIQ contracts were awarded with rates, overhead and profit negotiated as part of the base contract.  These costs will be used to determine the fair and reasonableness of the contractor’s price. 

 5.         ANY OTHER FACTS SUPPORTING THE JUSTIFICATION

             None.

 6.         A STATEMENT OF THE ACTIONS, IF ANY, TO OVERCOME BARRIERS TO COMPETITION

             None.

 7.         CONTRACTING OFFICER’S CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

 The Contracting Officer certifies that the information contained in this justification is accurate and complete to the best of his knowledge and belief.  Upon the basis of the foregoing, the Contracting Officer hereby determines that In Accordance With FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

8.         EVIDENCE THAT ANY SUPPORTING DATA THAT IS THE RESPONSIBILITY OF TECHNICAL OR REQUIREMENTS PERSONNEL AND WHICH FORM A BASIS FOR THE JUSTIFICATION HAVE BEEN CERTIFIED AS COMPLETE AND ACCURATE BY THE TECHNICAL OR REQUIREMENTS PERSONNEL

 
The cost of the lease at 201 Mission Street is being raised from $40 to $80 per square foot.  The lease is for approximately 40,000 square feet.  The cost to the Government will therefore exceed $3,000,000 per month for the lease beginning December of 2015.   GSA has space available in existing Federal Buildings that can  accommodate the three agencies.  Therefore, it is urgent that the space in the Federal Buildings be designed and constructed prior to the expiration of the lease.  The only way to make this happen is to sole source the charrette and DIDs to an IDIQ contract holder as a delivery order.  This will allow the maximum amount of time to do the design-build for the agencies space.  The Region wide IDIQ contracts were competed and 5 firms were chosen.  Mason Architects was chosen to provide the required services.  

9.         A WRITTEN DETERMINATION BY THE APPROVING OFFICIAL THAT ONE OF THE CIRCUMSTANCES IN (b)(2)(i)(A) THROUGH (E) OF THIS SECTION APPLIES TO THE ORDER

FAR 16.505(b)(2)(i)(A)

            In the case of an order permitted under paragraph (b)(2)(i)(A), the justification shall be posted within 30 days after award of the order.