J&A for Other than Full and Open Competition for Professional Design Services

Justification and Approval for Other Than Full and Open Competition 1. Contracting Activity: USPFO for Kansas, 2737 S Kansas Ave, Topeka KS 66611 2. Description of Action: The USPFO for Kansas has a requirement for the completion of Professional Design services for a Readiness Center Building and Detached Maintenance Bay Building at the 35th ID in Fort Leavenworth Kansas. Approval is requested for a sole source procurement of a new A-E Contract to complete Type B Design Services and Type C Inspection and Supervision Services. 3. Description of Supplies/Services: Type B Design Services (35% to 65%), Type B Services (65% to 95%), Type B Services (95 to 100%), and Type C Inspection and Supervision Services (Option 1 - to be exercised and funded at a later date) for the design of a Readiness Center Building and a Detached Maintenance Bay Building including supporting items. The estimated cost for the Type B services is $992,000 and the estimated cost for the Type C Services (Option) is $840,000. 4. Authority Cited: FAR 6.302-1(a)(2)(iii). The Statutory authority that will be used is 10 U.S.C. 2304(c)(1) - Only one responsible source and no other supplies or services will satisfy the agency requirements as outlined. This is considered follow-on work for the continued provision of highly specialized services. 5. Reason for Authority Cited: Design of these facilities began in May 2013 under Task Order 0015 on IDIQ contract W912JC-10-D-5400. At the time of that Task Order award, Type A Investigative Services and Type B Preliminary Design (35%) Services were awarded. The 35% design work was completed in June 2014. After completion of the design/ task order the design was "shelved" until funding for Design completion and Construction Funds would become available. The original Task Order for the Type A and Type B Services did include Options for the completion of the Type B Services (35% to 100%) and Type C Services. The Option for the Type B services was to be exercised prior to 90 calendar days after satisfactory completion of the Type A Services and the Option for the Type C Services was to be exercised prior to 6 Months after satisfactory completion and acceptance of the Type A and Type B (35%) Services. Neither of these Options were exercised within the time period allowed in the Task Order due to lack of funding. Funds for the Design completion were received in January 2017. Because HTK has already completed the Investigative (Type A) and Preliminary (Type B- 35%) Services and are currently the Designer of Record, the USPFO for Kansas has determined that it is in the best interest of the Government to award a Sole Source contract to HTK for the completion of the Design for this Readiness Center and for the Type C Services that will be required during physical construction of the facilities. Award to any other source is not a viable option/alternative because any other source would have to accept the original Preliminary Design and relieve the Designer of Record from liability or they would have to conduct their own Investigative Services and Preliminary Design which would result in substantial duplication of cost to the Government. The additional cost to duplicate effort would not be recovered through competition and would create unacceptable delays in award of the contract for the construction of these facilities. 6. Efforts to Obtain Competition: The Intent to award a sole source procurement was posted to the FBO site for any/all interested parties to identify their interest. No responses were received from the sources sought. 7. Actions to Increase Competition: Although it is anticipated that it is in the best interest of the Government to not compete this specific requirement it should be noted that a new IDIQ AE Contract will be competed and awarded later this year. Having this new contract in place will eliminate future sole sourced AE Design/Technical Services because future AE services will be awarded to the contractor who is awarded the new IDIQ AE Contract. 8. Market Research: A notice of intent to award a sole source procurement for the completion of the A-E Design Services (Type B) and Inspection and Supervision Services (Type C) was posted to Federal Business Opportunities website (fbo.gov) on March 16, 2017. All interested parties were offered the opportunity to identify their interest by submitting capability statements by March 23, 2017. No responses were received. 9. Interested Sources: To date, no other sources have expressed an interest. 10. Other Facts: On June 18, 2010, HTK was awarded an Indefinite Delivery/ Indefinite Quantity contract for Architect-Engineer Services. The previous contract number was W912JC-10-D-5400. This was a Single award contract that included a Base year and four - one year options. HTK was determined to be the Most Highly Qualified Firm, the fee schedule was successfully negotiated, and the prices were determined to be fair and reasonable. In May 2013, HTK was awarded an IDIQ Task Order 0015 for the Investigative Services (Type A) and the Preliminary design (Type B) of the National Guard Readiness Center. Work under this Task Order was completed in June 2014. After completion of the task order, the remainder of the design was "shelved" until funding for Design completion and Construction Funds would become available.