JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION MODIFICATION TO INCREASE THE CONTRACT VALUE OF ARCHITECTURAL / ENGINEERING IDIQ CONTRACT

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION IN ACCORDANCE WITH FAR 6.31. Identification of the Contracting Activity and specific identification of this document as a “Justification for other than full and open competition”:  The contracting activity is the General Services Administration (GSA), Public Buildings Service (PBS), Acquisition Management Division, Program Support Branch (7PQA), 819 Taylor Street, Rm 12B01, Fort Worth, TX 76102  This document serves as the Justification for Other than Full and Open Competition.  2. Nature and/or description of action being approved:  This is a justification for other than full and open competition to increase the Maximum Order Limitation (MOL) to the existing single-award Architectural/Engineering Indefinite Delivery Indefinite Quantity (IDIQ) contract in the Oklahoma Zone under the authority of FAR 6.302-2, Unusual and Compelling Urgency and FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy

agency requirements.3. Description of supplies or services required to meet the Agency’s needs:  The Program Support Branch provides procurement support to the GSA Region 7 Acquisition Management Division (AMD) with supplemental architectural and engineering (A/E) services. AMD requires A/E IDIQs in various zones within Region 7 to support shorter acquisition procurement cycles and to facilitate GSA’s mission in supporting but not limited to the Customs and Border Protection, US Customs and Immigration Services and other Department of Homeland Security components, US Postal Service, US Department of Justice, US Department of Veterans Affairs, and the US Food and Drug Administration.  On September 25, 2019, the Program Support Branch awarded single-award supplemental A/E services IDIQ contract 47PH0819D0051 to Pond-FSB JV for the state of Oklahoma with a Maximum Ordering Limitation of $10,000,000 for the life of the contract (one-year base and four one-year options). The acquisition team fully anticipated this MOL would be sufficient to cover all task orders awarded in the Oklahoma Zone under this IDIQ, however the award of the Design Services for Repair & Alteration (R&A) William J. Holloway, Jr. U.S Courthouse (FOB) & U.S. Post Office/Courthouse (POB) task order will cause the base IDIQ contract to exceed its MOL.For this project, the primary scope of the services required are with two buildings located in Oklahoma City, OK.  The buildings: William J. Holloway, JR, U.S. Courthouse & the U.S. Post Office/Courthouse are adjacent to one another and connected via sky bridge/ walkway.  Both buildings require exterior and interior repair and novation to correct life safety issues and upgrades, which will be inclusive of removal and replacement of non-plenum rated communication wire within the ceiling areas of both buildings, re replacement of noncompliant sprinkler heads and sprinkler piping, creation of additional stairwells to provide compliant egress from upper courtroom floors. Additionally, Holloway has a non-compliant clearances for the vertical electrical busway distributing power throughout the building and both buildings require replacement of the main switchgear for which replacement maintenance parts are very difficult to obtain.  The Holloway exterior stone panels have rust stains indicating a significant deterioration of anchorage devices which could lead to sudden failure.   The US Post Office Building is experiencing a huge amount of storm water penetration through cracks in mortar joints in the masonry walls cracked masonry components.  The GSA building’s manager has taken steps to protect the building but the efforts are being overcome by the continuing onslaught of severe weather. The Region has been requesting funding for this project that also includes seismically strengthening the two buildings through several cycles and finally has attained the design funds.For the Post Office Building the deterioration and increased rain penetration has resulted in the primary building tenant demanding GSA address the issue immediately.  Buckets are currently being used to collect penetrating rainwater within the chamber’s office of a federal judge.  In response the Region has initiated a “small project” to commence a design and repair to the top floor area of the POB tower. This will accomplish a small piece of the prospectus project work. On May 11, 2021, GSA issued a Pre-Design award to the incumbent Oklahoma A/E contractor; Pond-FSB JV in the amount of $833,509.56 to initiate efforts to address the repair work needed. Based on the investigative work during the Predesign the project design scope was able to be adjusted to accommodate the current building needs. To be able to award the construction as soon as possible to stop the continued degradation of the buildings and create a safer work environment for government personnel then design needs to be completed quickly. The AE IDIQ for Oklahoma City is a highly qualified resource, having experience with restoration of the Oklahoma State Capital in Oklahoma City, and can provide the necessary services however it was recognized this project would potentially consume the MOL for the contractFunding was not available at the time of award to address the entire design; therefore, rather than severely impacting schedule, GSA awarded the preliminary Pre-Design portion of this requirement.A modification to the base IDIQ contract 47PH0819D0051 is required as funding has been secured for the remaining effort, which includes design. The remaining estimated project effort, which is expected to be $10,566,491.00 will exceed the incumbent A/E’s current 5 year remaining MOL, which has an overall remaining $8,864,714.00; a difference of $1,701,777.00 needed to award the modification.In addition, it is in the Government’s best interest to be prudent and include a contingency of approximately $1.3 million to account for potential modifications to this requirement and the other task orders already awarded under this contract.Current request:MOL increase of $3,000,000.00 from $10,000,000.00 to $13,000,000.00, which includes contingency effort for the existing task orders under the subject contract.4. Statutory authority permitting other than full and open competition:  The statutory authority permitting other than full and open competition is 41 U.S.C. 253 (c)(2). FAR 6.302-2, Unusual and Compelling Urgency and FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.5. Rationale justifying use of the cited authority: Due to the timing of funding availability, the current AE incumbent firm’s MOL is not sufficient to meet the estimated total award for completing the design. In accordance with the zonal AE base contracts, any of the adjacent zones could complete the design requirement. However, out of seven (7) zones available, only the New Mexico Zone has enough capacity with an MOL of $12,499,502 remaining.Based on the current situation, the most feasible options are:a)  Award a task order for the remaining design effort to the New Mexico Zone incumbent.  This will result in the New Mexico Zone having to be prematurely re-procured due to meeting the MOL threshold. b)  Award an open market acquisition to a (potentially) different AE Firm (Sam.gov).In accordance with 6.302-2 (b)(1) & (2), full and open competition cannot be conducted as Pond-FSB JV is the only contractor capable of performing this requirement as it is the one that is currently performing the design work to renovate the two buildings and possesses proprietorial and expert knowledge of the preliminary design elements of this project.  In addition, an unusual and compelling urgency precludes full and open competition.  As explained in paragraph 3, the building could further deteriorate rapidly if the above explained issues are not addressed as soon as possible.  Because there are safety concerns as explained in paragraph 3, any additional delays are unacceptable.  Moreover, any substantial delays would result in serious financial burden to the Government as there could be duplicative costs, additional administrative costs as well as additional design and repair costs as damages deteriorate further from delays:a)  Significant delays in designing the project requirements, which will ultimately delay construction downstream.  The PALT for a task order against an IDIQ contract is 45-60 days depending on the estimated value whereas the PALT for an unrestricted contract is either 180 or 250 days depending on the estimated value. The additional procurement time would result in an increased cost to the government and administrative burden.b)  Significant delays in designing the project requirements downstream if another AE zone contractor is tasked to complete the project.  The new AE firm would need to acclimate to the project requirements, which would potentially negatively impact both schedule and costs.c)  An increase in cost if another incumbent AE firm from another zone is tasked to complete the project.  With the requirement being within the AE firm’s secondary zone, effort and travel cost would be significantly impacted.The Government acknowledges that Pond-FSB JV has proprietorial and expert knowledge to the preliminary design elements of this project. Pursuit of a standalone contract as an alternate for this requirement will result in a year or more delay to being able to start construction which will result added building deterioration and occupant risk.In an effort to decrease the Government’s negative impacts to both schedule and cost, it is prudent to maintain continuity with the design and award the remaining project effort to Pond-FSB JV.  This will maximize the Government’s ability to get a complete and usable design with minimal risk.6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable:  Since this is a justification for a task order procurement against a single-award IDIQ contract, other sources will not be solicited.7. Determination by the Contracting Officer that the anticipated cost will be fair and reasonable:  The Contracting Officer has determined that the current prices are fair and reasonable. The current contract is in Option Year (OY) II, with an MOL expected not to exceed $3,000,000 over the existing $10,000,000. The contractor will continue to charge the pre-negotiated rates appropriate for Option Year II.8. Description of market research:  The multiple GSA experts involved in the Task Order associated with this MOL increase including both the Project Management and Acquisition teams, agree there is no other firm that can perform these services at this time and with an efficiency in cost to GSA than Pond-FSB JV. Also, the risk of involving another firm, or firms, at this stage, will likely adversely impact the schedule and cost associated with this project. These experts are aware of and considered GSA Schedule vendors, other Region 7 AE IDIQ contracts, and Open Market acquisitions.9. Any other facts supporting the use of other than full and open competition:  Increasing the MOL of the current IDIQ is in the best interest of the government. Utilizing one of the other feasible options previously discussed to execute the A/E requirements will significantly injure the government financially. It will also jeopardize the mission of AMD and the customer agencies it serves.  10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition: None.  11. Statement of actions to overcome barriers to competition:  GSA will continue to work to anticipate upcoming needs and negotiate those up-front to alleviate the need for future modifications of this nature.