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FBO DAILY ISSUE OF SEPTEMBER 27, 2009 FBO #2864
SOLICITATION NOTICE

C -- A-E Service for TFC Claims Analysis

Notice Date

9/25/2009
 

Notice Type

Justification and Approval (J&A)
 

NAICS

541310 — Architectural Services
 

Contracting Office

General Services Administration, Public Buildings Service (PBS), Acquisition Services (7PMO), 819 Taylor St. Room 12B01, Fort Worth, Texas, 76102
 

ZIP Code

76102
 

Archive Date

10/23/2009
 

Point of Contact

Stephan Joel Harris, Phone: 8179780106
 

E-Mail Address

stephan.harris@gsa.gov
(stephan.harris@gsa.gov)
 

Small Business Set-Aside

N/A
 

Award Number

GS-07P-09-UT-M-0026
 

Award Date

9/23/2009
 

Description

JUSTIFICATION FOR THAN FULL AND OPEN COMPETITION EXPERT SERVICES DESIGN-BUILD TURN-KEY POE MODULAR BUILDING 5401 Coffee Drive New Orleans, LA 1/2. IDENTIFICATION AND DESCRIPTION OF ACTION BEING APPROVED: Prepared by General Services Administration, Acquisition Services Division, Operation Branch, ARK/LA/TX Section (7PQO). Justification for other than full and open competition. 3. DESCRIPTION OF SUPPLES OR SERVICES REQUIRED: The Design/Build Contractor for the design and construction of a proposed new US Customs and Border Protection's (CBP) replacement facility located in New Orleans, Louisiana has submitted a claim. The Design/Build Contractor claim includes, but not limited to requests for a performance time extension. And of course, the additional associated fees incurred due to an apparent scope of work increase. Furthermore, the contractor alleges that CBP requested all scope changes which led to contract performance delays, additional associated cost, etc. Therefore, the government seeks an independent and thorough analysis of all contractor claims, requests, allegations, etc. These services are very specialized and require an A-E consultant experienced in reviewing and analyzing complex contractor claims that include but not limited to delays in various contract deliverables due to scope increase, fee adjustments, etc. The A-E Claims Analysis contract completion is detailed in the attached scope of work. It is imperative, the government contract with an A-E firm knowledgeable and proficient in assessing the responsibilities of all parties involved. Also, refer the attached claims analysis fee estimate for the proposed contract A-E Consultant Services requested. 4. IDENTIFICATION OF STATUTORY AUTHORITY: 10 U.S.C. 2304(c)(3) or 41 U.S.C. 253(c)(3) provides for contracting without full and open competition to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. FAR 6.302-3(a)(2)(iii) indicates this authority applies when it is necessary to acquire the services of either- An expert to use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Government in any trial, hearing or proceeding before any court, administrative tribunal, or agency, whether or not the expert is expected to testify. Examples of such services include, but are not limited to: Assisting the Government in the analysis, presentation, or defense of any claim or request for adjustment to contract terms and conditions, whether asserted by a contractor or the Government, which is in litigation or dispute, or is anticipated to result in dispute or litigation before any court, administrative tribunal, or agency. 5. DEMONSTRATION THAT THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED: In accordance with FAR Part 6.302-3, full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. The A-E Contractor has submitted a Termination Settlement Proposal for the Design-Build Turn Key Port of Entry Modular Building located at 5401 Coffee Drive, New Orleans, LA, Contract Number GS-07P-UT-C-0017. The Government therefore needs to acquire the services of an expert for this dispute, to assist with the analysis, presentation and defense of the claim for an adjustment to the contract terms and conditions. 6. DESCRIPTION OF EFFORTS TO SOLICIT AS MANY OFFERS AS PRACTICABLE: Synopsis not required only one Responsible Source, M. Arthur Gensler & Associates. 7. DEMONSTRATION THAT THE ANTICIPATED COST WILL BE FAIR AND REASONABLE: The Office of GSA Legal Counsel recommended that a impartial third party conduct an analysis of the claim to determine if it is fair and reasonable. The GSA Project Manager for this proposed claims analysis highly recommends Gensler & Associates to perform this work. Gensler currently holds a Mission Oriented Business Integrated Services (MOBIS) Contract on the GSA Schedule, which will not expire until February 24, 2012, so their labor Category Descriptions and rates have already been determined. Furthermore, the GSA Project Manager for this proposed contract has had a very favorable past experience with Gensler for a similar claims contract. This recommendation reflects the knowledge and experience of this consultant in working with the Federal Government on Federal design and construction projects, which are very complex. Additionally, the GSA, Project Manager has prepared a Government estimate, which will be used as the bases against the Gensler & Associates proposal to determine that an award is made that is fair and reasonable to the Government. The consultant selected for the project is M. Arthur Gensler & Associates; GSA Contract Number: GS-10F-0178M. 8. DESCRIPTION OF THE MARKET SURVEY CONDUCTED: No market survey was conducted due to the fact only one responsible source was selected to perform this requirement. 9. OTHER FACTS SUPPORTING OTHER FULL AND OPEN COMPETITION: See previous facts. 10. LIST OF SOURCES THAT EXPRESSED AN INTEREST IN THE ACQUISITION: None. Source was limited to M. Arthur Gensler & Associates. Gensler & Associates has been in business for over 44 years and is a certified as other than small business. Gensler & Associates local branch office is located in Dallas, TX. 11. STATEMENT OF ACTIONS TO OVERCOME BARRIERS TO COMPETITION: There are no actions to be taken by GSA to remove or overcome barriers to competition on future solicitations. 12. Contracting Officer's Certification: The Contracting Officer certifies by signature below that information contained in this justification is accurate and complete to the best of his knowledge and belief. This solicitation is with the scope of the justification identified in FAR Part 6.302-3, where full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to acquire the services of and expert or neutral person for any current or anticipated litigation or dispute. Upon the basis of the aforementioned findings, I hereby determine that it is in the Governments best interest to proceed with other than full and open competition procedures in accordance with section 303(f) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 253(f)) and FAR Subpart 6.3 for the procurement. Prepared/Approved By: ___________________________________________________________ Stephan J. Harris Contracting Officer, 7PQO Concurrence: ___________________________________________________________ Charles Lawrence Project Manager/COR, 7PCD
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/ebc4df4874961819b94cecd72f6c79af)
 

Place of Performance

Address: GSA-PBS, Architectural Branch (7PDD), 819 Tayor St., RM 11, GSA-PBS, Architectural Branch (7PDD), 819 Taylor St., RM 11A13, Fort Worth, Texas, 76102, United States

Zip Code: 76102
 

Record

SN01971478-W 20090927/090926002706-ebc4df4874961819b94cecd72f6c79af (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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