A-E Type C Services JA W91364-23-C-0003 Signed.pdf

CUI Control No. 23-12

JUSTIFICATION REVIEW DOCUMENT

Program/Equipment: Architect-Engineer (A-E) Type C Services in Support of UTES Two-Bay Construction

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: $123,235.79

Prepared By : Amanda Britton Phone: 614-336-4390 Contract Specialist Email: Amanda.L.Britton4.civ@army.mil

Contracting Officer: Paul Robinson Phone: 614-336-7266 Contracting Officer Email: Paul.S.Robinson6.civ@army.mil

Technical: Hugh Holley Phone: 614-336-6306 Construction Specialist Email: Hugh.R.Holley.nfg@army.mil

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

Contracting Officer: Paul Robinson Phone: 614-336-7266 Contracting Officer Email: Paul.S.Robinson6.civ@army.mil

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: USPFO - Ohio

2. Description of Action: The Directorate of Installation Management and Resources (DIMR) requests a firm-fixed-price sole source award to FSB Federal Design Group JV (CAGE 6ZHM0). The Government projects award for August 2023 and fiscal year 2023 funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Services: This is an Architect-Engineer (A-E) requirement to perform Type C services in support of the construction of the UTES Two-Bay at Camp James A.

Garfield Joint Military Training Center, Ravenna, Ohio. The Type C Services were an option on task order W91364-20-F-0093, off of the National Guard Bureau (NGB) National A-E IDIQ W9133L-16-D-0005 which has since expired, resulting in the need for this follow-on contract. The construction contract, W91364-23-C-0002, was awarded in June 2023. The period of performance of this A-E action will mirror the construction contract award (W91364-23-C-0002) of 365 calendar days after issuance of the notice to proceed. There are no options required for this acquisition. The independent government estimate for this contract is $123,235.79.

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.

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), 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 FSB Federal Design Group JV. The requirement was previously negotiated and awarded via task order W91364-20-F-0093. That award included Type A, B, and C services for the design of the UTES Two-Bay. 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. FSB Federal Design Group JV was also awarded an Option for C Services. The option for this contract was not exercised within the required time period and is no longer a viable contracting method for this service.

Because FSB Federal Design Group JV 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, FSB Federal Design Group JV, 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 FSB Federal Design Group JV would increase the risk associated with these issues and potentially affect the Government’s rights under FAR 52.236-23, Responsibility of the Architect-Engineer 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 6.305.

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, to include firms of all socioeconomic categories, capable of fulfilling this need for the Government.

Unfortunately, all firms, other than FSB Federal Design Group JV, would likely carry more cost and performance risk than FSB Federal Design Group JV. Since FSB Federal Design Group JV previously completed the Type A services which included the basis of design (specifically the design intent), and the development of the project concept, and associated site investigations as well as the Type B services which included 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 FSB Federal Design Group JV.

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

10. Technical 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.

Hugh Holley, Construction Specialist

12. 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.

Hugh Holley, Construction Specialist

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

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 be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☐ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☒ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Paul Robinson, Contracting Officer

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

Paul Robinson, Contracting Officer