A-E Gate C Services - JA Redacted.pdf

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: 119th Wing Contracting Office, North Dakota Air National Guard (NDANG), Fargo, North Dakota, W50S88.

2. Description of Action: 119th Civil Engineer Squadron requests a sole-source award to Zerr Berg Architects, Inc. The Government projects award in fiscal year 2026. Air Sustainment, Restoration, and Modernization funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at DFARS 207.103- 70(a)(1) or (2).

3. Description of Services: This is an A-E requirement to perform Type C services in support of construction of the ATFP Upgrade for Base Entrance at the 119th Wing, NDANG.

The related construction task order, W50S8826FA047, was awarded on 25 September 2026. The period of performance of this A-E action will mirror the construction contract period of performance of 365 calendar days after issuance of the notice to proceed.

There are no options required for this acquisition. The IGE for this contract is

Type C services include documenting and providing answers to Contractor’s requests for information (post award), review of submittals, attendance and records at job progress meetings, review of lab results, preparation of as-built drawings, multiple site visits to inspect the progress and quality of construction to ensure the construction contractor is following the approved design. An acquisition plan is not required.

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.103-1. Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: This requirement is a follow-on award to Zerr Berg Architects, Inc. The requirement was previously negotiated and awarded via Task Order W901UZ-22-F-0072. That award included Type A and B services for the design of the ATFP Upgrade for Base Entrance. Type A services included the basis of design (specifically the design intent), the development of the project concept, and associated site investigations. The Type B services included the design narrative and the development of the construction documents. Because Zerr Berg Architects, Inc.

designed and certified the drawings and specifications and is liable for the quality of their design, it is economical and efficient to award the Type C services as a sole source follow-on contract. There is tremendous performance and liability risk associated with another A-E firm taking over the Type C services for a project that was designed by a different firm. Having the original designer, Zerr Berg Architects, Inc., on contract to perform the construction phase services is necessary for the Government to ensure responsibility for their design, including ensuring the design is constructible, maintainable and operable, that the project documentation is clear, sufficiently detailed, accurate and coordinated, and contains minimal errors. An award to a new A-E other than Zerr Berg Architects, Inc. would increase the risk associated with these issues and potentially affect the Government’s rights under FAR 52.236-23, Responsibility of the A- E Contractor, if another A-E were to represent or attempt to revise the current drawings and/or specifications. This clause states that the “Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor”. However, if a new A-E were to make recommendations during the Type C services to revise or deviate from the original drawings or specifications, any liability resulting from those changes could not be attributed to the original A-E. This could potentially create a dangerous and complicated scenario if the Government needed to hold the responsible A-E party liable for any errors or deficiencies in the designs, drawings, and/or specifications.

6. Efforts to Obtain Competition: No efforts were made to obtain competition for this one-time requirement due to the rationale described in paragraph 5. This Justification Document will be made public after award through the Government Point of Entry in accordance with FAR 6.301.

7. Actions to Increase Competition: No actions were taken to increase competition since this is a one-time requirement following on to a previously competed project.

8. Market Research: There are many large and small businesses, including firms of all socioeconomic categories, capable of fulfilling this need for the Government. However, all firms other than Zerr Berg Architects, Inc., would likely carry more cost and performance risk than Zerr Berg Architects, Inc. Since Zerr Berg Architects, Inc.

previously completed the Type A services, including the basis of design (specifically the design intent), development of the project concept, and associated site investigations as well as the Type B services, including the design narrative and the development of the construction documents for the forthcoming construction project, this document has been prepared to justify a sole source award to Zerr Berg Architects, Inc.

9. Interested Sources: A listing of interested sources was not solicited or received for this acquisition.

10. Other Facts:

Procurement History:

1) Previous A-E Action: Task Order W901UZ-22-F-0072 was awarded to Zerr Berg Architects, Inc., on 12 September 2022 under the prior A-E SATOC, W901UZ21D0001. The task order included Type A and Type B services for the ATFP Upgrade for Base Entrance project.

2) Competitive Status of Prior Action: The Type A and Type B task order was awarded under the previously competed A-E SATOC.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: other:

As a part of this basis, certified cost or pricing data:

will not be required and the following exception applies (FAR 15.403-3). The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: SMSgt Rachel Syverson Title: 119th WG Contracting Officer

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

Typed Name: SMSgt Rachel Syverson Title: 119th WG Contracting Officer