Construction Administration Services for Fallon Bus Duct Replacement project

General Services Administration Fallon Federal Office Building 31 Hopkins Plaza Baltimore, MD 21201 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION UNDER FAR PART 6.3 1. IDENTIFICATION OF AGENCY AND CONTRACTING AUTHORITY: This document constitutes a justification and approval for other than full and open competition for the acquisition described herein as procured by the General Services Administration (GSA), Public Buildings Services (PBS), Acquisition Management Division (3PQ). 2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: Approval to conduct a sole source procurement action with TranSystems Engineering for post construction phases of a construction project for the Fallon Federal Building in Baltimore, MD is requested. The associated construction project is to construct and install five new bus ducts in phases within the Fallon Federal Building located at 31 Hopkins Plaza, Baltimore, MD. 21201. 3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED: This justification and approval covers a sole source acquisition of construction administration (CA) services. It is imperative for TranSystems Engineering, who was the original designer of the project, to provide construction administration services for the following task areas: Submittal Reviews Schedule of submittals, shop drawings, equipment lists, material samples, certifications, laboratory reports, test data, schedules, and similar materials submitted by the General Contractor (GC) for approval shall be processed by TranSystems Engineering. Requests for Information (RFIs) Questions by the General Contractor seeking clarification of the Contract Requirements, either orally or in writing, shall be processed by TranSystems Engineering. Site Visits Visit the site and inspect all construction work and related activities performed by the GC on a periodic basis, or as requested by the GSA Project Manager. Field inspections may coincide with progress meetings and as requested by GSA. Electronic As-Builts TranSystems shall prepare electronic as-builts in CAD format at the conclusion of construction. A record of all changes to or deviations from the contract drawings occurring during construction will be produced by the construction contractor on a set of marked-up full-size prints maintained at the job site. Bid Services TranSystems shall provide assistance to GSA during construction procurement. Services will include attending the onsite preproposal meeting. The preproposal meeting will consist of a site tour to be led by the TranSystems design team. In addition, the AE team shall respond to any RFIs that are submitted during the construction bid phase. Any required drawing updates discovered through RFI or site visit during this phase shall be completed and issued by TranSystems. Estimated Value: $160,000.00 4. IDENTIFICATION OF STATUTORY AUTHORITY: This justification is issued under the authority of 41 U.S.C. 253(c)(1), as detailed in FAR Part 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy Agency requirements. 5. DEMONSTRATION THAT THE ACTION REQUIRES USE OF THE AUTHORITY CITED: It is imperative for TranSystems Engineering, who was the original designer of the project, to provide post-design phase support to the prospective construction contractor responding to the solicitation for the associated construction procurement. In addition, submittal reviews/approvals and responsibility for issues, defects, or intent of the original design will be needed by TranSystems Engineering during the administration of the construction project. The associated construction project was previously placed on hold as there were unresolved funding issues. As a result, the Architect/Engineer (A/E) task order was modified to remove the contract administration services and subsequently the task order was closed out. If another source other than TranSystems Engineering provides these services, they would not take responsibility for issues, defects or intent of the original design. Another A/E firm providing these services would be a financial and legal risk to the Government, as well as, potentially hinder the successful completion of the construction project. It is common practice for the A/E firm who designs the project to perform the work identified in Section 3 above. 6. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE: It is impracticable to solicit more than one source due to the financial injury that could be incurred. There is insufficient time to solicit any other offers. The goal for award of this CA contract is 5/16/14 and the corresponding construction contract is 11/01/14. The Federal Acquisition Regulation at Part 6.302-1 permits other than full and open competition where the Agency's need for supplies or services is only available through one responsible source. 7. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: The anticipated costs for the services identified in Section 3 above shall be determined fair and reasonable in writing by the Contracting Officer. 8. DESCRIPTION OF MARKET SURVEY CONDUCTED: The use of TranSystems Engineering in the specified acquisition is essential to the Government's requirements, thereby precluding a market survey. 9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION: Failure to award a sole source contract to TranSystems Engineering would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. 10. LIST OF SOURCES THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION: None. 11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION: This is a one-time procurement for this project due to a specific set of circumstances. All future design services are being procured on a competitive basis utilizing the Brooks Act procedures. 12. TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 6.303-2(c) I certify that the facts and representations under my cognizance which are included in this justification, which form the basis for this justification are complete and accurate: Jared Price Contracting Officer's Technical Representative CONTRACTING OFFICER'S CERTIFICATION REQUIRED BY FAR 6.303-2(b) I certify that this justification is accurate and complete to the best of my knowledge and belief. Christina M. Mullins Project Contracting Officer