Roof modifications not covered by insurance claim filed by the Wolf Trap foundation.

In accordance with Federal Acquisition Regulation (FAR) 6.305 this Modification to the special notice posted on December 16, 2011 makes publically available the justification required by F.A.R. 6.303-1 as required by 41 U.S.C. 253(f)(4). JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION 1. Identification of the Agency and the Contracting Activity: Department of Interior National Park Service, National Capital Region, Division of Acquisition Management. 2. Nature and/or Description of the Action Being Approved: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Over $100,000 (FAR 6.303-2). 3. A Description of the Supplies or Services Required to Meet the Agency's Needs, Including the Estimated Value: Summary: As part of an active insurance claim Wolf Trap National Park for the Performing Arts partner, the Wolf Trap Foundation has successfully secured $3,061,064 from Travelers Insurance for the complete replacement of the front and rear copper roof of the Filene Center and the small copper cupola at the South Gate concession stand. The work of this proposed procurement consists of roof modifications not covered by insurance claim filed with The Travelers Companies, Inc. - The anticipated price for this work is $188,936. Discussion: Operations at the Filene Center in Wolf Trap National Park for the Performing Arts are done in partnership with the Wolf Trap Foundation. Operating under a cooperative agreement, the Wolf Trap Foundation handles most of the business side of Filene Center performances and visitor services, including box office operations, performance bookings, marketing, and food and beverage sales to patrons. 16 U.S.C. 284c (c)(3) states that as part of their responsibility under this cooperative agreement, the Foundation is required to hold a comprehensive fire and damage insurance policy on the Filene Center. The Filene Center roof has a considerable history of problems due to a badly engineered original design. As a result of the poor design, substantial and ongoing water leaks have been a constant issue since the building was constructed in 1983. There are two sections of roof on the Filene Center roof that have copper sheathing. The first portion is the highly visible area that covers the "house", which is the seating area in the front of the theater. This area is approximately 15,205 square feet in size. The front roof area is an integral part of the design aesthetic of the Filene Center, and the visual showpiece of the building. A second area of copper of 15,604 square feet, covers the rehearsal hall at the rear of the building. In May of 2010 a hailstorm caused considerable damage to the copper roof of the Filene Center, and to the small portion of the roof of the South Gate building that is also copper. The Wolf Trap Foundation filed a claim with their insurer to replace the roof in-kind, and this claim was approved. The Foundation then hired an architect/engineering firm to develop construction drawings for the project. The Foundation's insurance company has agreed to pay the claim for the replacement of the roof, in-kind. This includes the copper sheathing, and a standard rolled felt weatherproof layer underneath the copper. The NPS has determined that it is in the best interest of the government to use a self-adhering, ice-shield waterproof membrane layer underneath the copper in lieu of the felt which was previously used. This decision is consistent with current industry practice. In addition, it was quickly determined that replacement of the existing roof with new material, should include some small modifications to the original design to address problems. Portions of the existing roof are essentially flat, and do not meet current building codes for slope and pitch to achieve necessary drainage. The proposed modifications to the design of the new roof are to "fill the pockets"-i.e., reconstruct those flat portions to a slightly different angle-- so that those sections of the roof achieve the minimum pitch required by code. The costs of carpentry and materials required for this reconfiguration would not be covered by the insurance claim, and must be covered by NPS funds. Finally, the NPS must pay for the replacement of any plywood or roof sheathing materials that have sustained water damage over the last 28 years. With the continuous and ongoing history of leakage, particularly at certain vulnerable spots, some amount of wood replacement is anticipated. The Class A cost estimate on the portion of the work that the NPS is responsible for is: 1. Self adhered membrane -Redacted-2. Wood Stud and plywood system -Redacted-3. Wood deck repair (allowance) -Redacted- Total -Redacted- 4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition: FAR 6.302- 1(2) and 41 U.S.C. 253(c)(1) are sources of authority since only one responsible source and no other supplies or service will satisfy agency requirements. 5. A Demonstration That the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited: The Wolf Trap Foundation, as the owner of the insurance policy on the Filene Center, is acting as general contractor for the roof repairs covered by the insurance policy. The Foundation will be submitting claims to the insurance company based on actual invoicing from the roofing sub-contractor. The work not covered by the insurance policy is closely related to the work covered by the policy. They do not consist of severable tasks and it would be illogical and irresponsible to attempt to do. Doing so would introduce significant issues regarding the sequencing of tasks that could jeopardize or seriously hinder project completion. Therefore, because the work of this proposed contract is not severable from the work covered by the insurance policy the Wolf Trap Foundation is the only entity that can be awarded this proposed contract. 6. A Description of Efforts Made to Ensure That Offers Are solicited From as Many Potential Sources as is Practicable, Including Whether a Notice Was or Will Be Publicized as Required by FAR Subpart 5.2 and, If Not, Which Exception Under FAR 5.202 Applies: No exception under FAR 5.202 applies. A notice expressing the government's intent to make an award to Wolf Trap Foundation was issued on December 16, 2011 in accordance with FAR Subpart 5.2. A post award notice will be issued in accordance with FAR 5.301(d). 7. A Determination By the Contracting Officer That the Anticipated Cost to the Government Will Be Fair and Reasonable: An independent government estimate of the government's portions of the project was prepared. This estimate used standard methodology for Class A estimates, including a full itemized materials take-off and standard labor-rates in the Washington DC area. The anticipated costs of the proposed contract are consistent with the independent government estimate. It has therefore been determined that they are fair and reasonable. 8. A Description of the Market Research Conducted (see FAR Part 10) and the Results or a Statement of the Reason Market Research Was Not Conducted: Market Research was conducted to explore the feasibility of separating the work of this contract from the work covered by the insurance claim. This consisted largely of reviewing prior contract for similar work to establish what standard industry practice is for the phasing of the required construction tasks. This was conducted by Architects and Engineers working for the National Park Service. After this review it was determined that the work of this proposed contract is not severable from the work of the insurance claim. No other market research could be conducted because of the fact that no vendor other than the foundation itself is eligible to act as a general contractor for the performance of work covered by the insurance claim. 9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (see FAR 6.302-2 (9) (i) - (iii) for some examples): Completion of the above mentioned work is essential to the completion of the work covered by insurance claim and must be performed concurrently. Furthermore, at the conclusion of the contract the government will have corrected long-standing problems and installed a 50-year roof system on the mission-critical Filene Center, with less than 3% of the cost paid by the government, and 97% paid by non-government sources. 10. A Listing of the Sources, If Any, That Expressed in Writing, an Interest in the Acquisition: After issuing the notice of intent on December 16, 2011 this office did receive written notice of interest from various roofing contractors. However, none of these firms provided information that contradicted the findings shown above in item number five. 11. A Statement of the Actions, If Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for the Supplies or Services Required: No further action is needed. The need for this procurement is directly tied to the fact the insurance policy did not cover all of the required repairs and that the work covered by the insurance policy is not severable from the work not covered by the policy. At the conclusion of this procurement the government shall have use and ownership of a sound and well-designed roof that has an anticipated life cycle of 50 years. This one time procurement fulfills the Government requirement. 12. Certification:I certify that any supporting data that is the responsibility of technical or requirements personnel (i.e. verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate:_____________________________________(Signature) _____________________ (Date)(Type or Print Name): __Karen Pittleman_Director, Wolf Trap National Park for the Performing Arts I certify that the justification is accurate and complete to the best of my knowledge and belief:_____________________________________ (Signature) _____________________ (Date)(Type or Print Name): _Rolando D. Newton_Contracting Officer Reviewed/Concur/Approved by: (if applicable) _____________________________________ (Signature) _____________________ (Date) (Type or Print Name): _Thomas M. McConnell_ Delegated Assistant Bureau Competition Advocate