A.02.08 Justification to Fair Opportunity FAR 16.505 _ Final Signed.pdf

CUI//SP-PROCURE//FEDCON

Control Number: NWK-25-0006

JUNE 2025

JUSTIFICATION REVIEW DOCUMENT

FAR Part 16 Justification for an Exception to Fair Opportunity

Program/Equipment: A-E Commissioning Services, Bldg 1012 & 1013 on Ft Leonard Wood, MO

Authority: Title 10 U.S.C. §3406(c)(2) as implemented in FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Amount: $300,000

Prepared by: DALE E. COLEMAN

Contract Specialist

Contracting Officer: MICHAEL G. FRANCE

Contracting Officer

Requirements: CASEY J. BOLICH

Program Manager

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel: _____________________

MATTHEW W. COOPER

Assistant District Counsel

JUNE 2025

FAR Part 16 Justification for an Exception to Fair Opportunity

1. Requiring Activity: U.S. Army Corps of Engineers, Kansas City District

2. Contracting Activity: U.S. Army Corps of Engineers, Kansas City District Contracting

Description of Action:

3. The US Army Corps of Engineers, Kansas City District intends to award a new Task Order off Multiple Award Task Order Contract (MATOC) for AE Services W912DQ21D4009. The contractor, Burns and McDonnell (B&M) was the original Designer of Record (DOR) at the time of construction. That task order was allowed to expire before the commissioning part of the project was completed. Commissioning is required to provide a complete project already in progress and provide a complete product for the customer. The estimated value of this project is $300,000.00.

4. Description of Supplies/Services: The requirement will provide complete whole building commissioning, Leadership in Energy and Environmental Design (LEED) verification, and requirements of Unified Facility Criteria (UFC)s. The goal is to have the renovation project LEED Silver certified and total building commissioning. The construction contractor will perform all required testing during the construction phase commissioning requirements lead by the commissioning authority.

5. Authority Cited: Title 10 U.S.C. §3406(c)(2) as implemented in FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

6. Reason for Authority Cited: B&M is the DOR for this requirement and has inherent knowledge of the design. A new selection that could result in a task order to a new firm would lead to the duplication of work that has already been completed in B&M’s design effort. B&M maintains A-E design liability to the totality of the design as well as the commissioning part of the project.

a. Background: The A-E selection board convened and selected B&M as the most highly qualified firm for the design and commissioning of the renovation requirement following the TORN process in March 2022. Selection of a designer includes the commissioning activities in order to maintain the A-E firm’s liability of design. Due to issues with the construction portion of the requirement resulting in delay’s, the task order expired before the need for commissioning transpired.

JUNE 2025

b. Alternatives: The only alternative would be total re-procurement causing undo delay and cost to the process. Thus, the only feasible firm to complete the commissioning is B&M as the DOR.

c. Impact if not approved: If this justification is not approved, then commissioning cannot be completed on the renovations and B&M cannot be held liable for any design issues that may have been discovered.

Actions to Increase Competition: Competition will not be sought for this action. This requirement was previously acquired under a MATOC Task Order W912DQ22F4013 on 22 August 2022. There will be no synopsis as per FAR 5.202(a)(11) allows for the contract action is made under the terms of an existing contract, the original MATOC, that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action.

During solicitation for the base MATOC, a Source’s Sought was published on the Government Point of Entry on 25 February 2019. A Sources Sought was issued on the base contract. Twenty five firms responded and 5 were found qualified to be a pool member. No sources sought will be issued for this action.

Market Research: Market research indicated that there are numerous contractors with the ability but lacked the knowledge of the previous design. Use of a new contractor could relive B&M of parts of their AE liability for the commissioning portion of this project. NWK conducted market research by reviewing existing acquisitions among its existing IDIQ A-E services contractors to determine which contractor would best be able to provide the design services needed for this action. This market research concluded that B&M was the best qualified A-E contractor to provide the required services, as they are the DOR for the existing design.

7. Other Facts:

a. Procurement history. The original A-E requirement went through the TORN process and the most highly qualified firm (B&M) was selected after giving fair opportunity to all firms in the MATOC pool.

b. Other facts. It was noted at time of selection that B&M were the original DOR on building 1012 & 1013. Time is critical to allow for commissioning to be integrated in this project.

JUNE 2025

8. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

CASEY J. BOLICH

Program Manager

9. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable. This determination will be made using the previously fair and reasonable determination for the commissioning aspect of the original task order. As part of the basis, certified cost or pricing data will not be required.

MICHAEL G. FRANCE

Contracting Officer

10. Contracting Officer Certification: I certify and approve that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of A-E commissioning services on an Exception to Fair Opportunity basis pursuant to the authority of Title 10 U.S.C. §3406(c)(2) as implemented in FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

The estimated value of the new contract action is $300,000. The approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

Contracting Officer