SOLICITATION NOTICE
C -- Architectural and Engineering Design Review and Approval for the New Oslo Embassy Compound
- Notice Date
- 1/3/2011
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 541310
— Architectural Services
- Contracting Office
- U.S. Department of State, Office of Logistics Management, Acquisition Management, P.O. Box 9115, Rosslyn Station, Arlington, Virginia, 22219
- ZIP Code
- 22219
- Point of Contact
- Rakesh N Shah, Phone: 7038756009
- E-Mail Address
-
shahrn@state.gov
(shahrn@state.gov)
- Small Business Set-Aside
- N/A
- Award Number
- SAQMMA11C0026
- Award Date
- 12/22/2010
- Description
- JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (DOMESTIC CONTRACTING ACTIVITIES) 1. I recommend that the Department of State use other than full and open competition for the acquisition of local architectural and engineering design review and approval of the Oslo New Embassy Compound design documents as required by Norwegian law. The estimated cost is $500,000 for the first stage review, then an additional $400,000 for the final review and approval. 2. Nature and/or description of the action being approved. Office of Overseas Building Operations (OBO) need a A/E contract for a local review and approval of the New Embassy Compound (NEC) design documents in accordance with the Norwegian laws governing building practices in its' country. The review must be coordinated by a local "architect of record" who is the legally responsible applicant for Oslo Post building permits; therefore this must be a sole-source acquisition. OBO intend to perform the review in two stages: first with the existing 65% design documents, then later with the 100% design. Funding for the first stage is available now with OBO concurrence, about $500K. The second stage will be $400K for a grand total of $900,000. These values are beyond the warrant of anyone at Oslo Post. Another key element in all of this is that the local AE (Spor Arkitekter) must bill the embassy directly. This will allow OBO to be exempt from the 25% local VAT cost. The review is a prerequisite to the construction commencement permit. 3. A description of the supplies or services required to meet the agency's needs. Norwegian law requires that design documents for buildings to be constructed in Norway be reviewed by locally approved architecture and engineering firms in order to certify compliance with all relevant codes and regulations. These local firms then assume formal responsibility for the compliance of the design by certification to the local building authority. Coordination of this review is to be managed by the locally approved firm designated as the "responsible applicant of record for building sustainment of Post construction activities." 4. An identification of the statutory authority permitting other than full and open competition. 41 USC 253(c)(1), FAR 6.302-1, Only one responsible source and no other supplies or services 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 (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited). The proposed contractor, Spor Arkitekter, is the Norwegian architectural firm that serves as the "responsible applicant of record" for the New Embassy Compound (NEC) project. Spor's status thus uniquely qualifies them to perform and manage other firms to perform the necessary design reviews and approvals. Spor has been consulting for Embassy Oslo on the NEC project for the past five years and has an unequalled knowledge of the project. As the "applicant of record" they must continue to serve as Embassy Oslo partner in the acquisition process because of Norway laws and Spor Arkitekter's profound knowledge concerning the project at this stage of the acquisition. According to the Norwegian Planning and Building Act, planning provisions may be added to municipal land-use plans, zoning plans and other area plans. Beyond upholding the physical standards of the Building and Planning Act and technical regulations for constructing the new Oslo NEC, planning authorities may stipulate universal design solutions. And Spor Arkitekter is tasked with this creative responsibility. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOps notice was or will be publicized, as required by FAR 5.2. This procurement will be publicized in the FedBizOps notice or any other announcement board. This will increase competitors and market research information for future use. The FedBiz Announcement was released on November 30, 2010. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. There is a very narrow range of billing rates for professional services of this nature in Norway, the country with the highest per capita standard of living in the world. Spor Arkitekter has provided services to the embassy for the last five years, hiring subconsultants as needed. The embassy has maintained that their rates are fair and reasonable for Norway. In fact, because of the legal requirements in country, no other firm could perform these services, making their rates reasonable by default. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. No market research was performed as only the contractor of record with the licenses can provide the required services indicated in item number 1 of this J&A. 9. Any other facts supporting the use of other than full and open competition. This contract must be let in Norway so that the contractor can invoice the embassy directly. Doing so allows the USG to avoid paying 25% VAT. Only a Norwegian firm with proper local approvals may perform these services. Spor Arkitekter is the only Norwegian firm that can perform these services for the USG because of their role as the "responsible applicant" for the NEC project. This is standard business practice in Norway. Also, Spor Arkitekter has provided related services to Embassy Oslo for the past five years and therefore has a unique and detailed knowledge of the NEC and has been fully involved in the complex process of acquiring and defending the rezoning of the NEC site and the first of the permits needed for construction. No other firm has this background or legal standing. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. 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. In this case it is not practical to overcome any barriers because they exist because of the type of contract OBO is trying to award, in Norway, locally services related to the construction of the New American Embassy that will be exempt from the 25% VAT normally charged if the invoice is sent directly to the U.S. Embassy. OBO in the recent past worked with Oslo Embassy to contract for limited local engineering services in order to save money for the U.S. Government. Also OBO and Post are at a point in the project where the existing design documents must be locally reviewed and approved by a local architectural firm as the legal "responsible applicant", this firm will have all the rights to do Oslo Embassy building permits. To date the only firm chosen of record that can manage this review process is the firm, Spor Arkitekter. The architecture and engineering firm "Spor Arkitekter" has provided OBO with many construction permit services as required in number one above in this Justification and Authority.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/notices/c0aa40b4614d3cef46bccdf40dc3e03c)
- Place of Performance
- Address: Oslo, Norway, Norway
- Record
- SN02352943-W 20110105/110103233748-c0aa40b4614d3cef46bccdf40dc3e03c (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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