Award FOE (PN 20509007) CCSS-FSS CrVI.pdf

Justification for Exception to Fair Opportunity (Less than SAT pursuant to FAR 16.505(b)(2)(ii)(A))

1. Agency and Contracting Activity. The Department of Homeland Security, United States Coast Guard (USCG), Civil Engineering Unit Juneau prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved. USCG intends to award a task/delivery order to Jensen Yorba Wall, Inc. without considering other awardees pursuant to FAR 16.505(b)(2)(ii)(A).

3. Acronyms and Definitions.

1. USCG: United States Coast Guard.

2. CEUJ: USCG Civil Engineering Unit Juneau.

3. DOR: Designer of Record

4. CCSS: Construction Support Services

5. FSS: Field Support Services

6. AK AE IDIQ: Alaska area Architect and Engineering services Indefinite Delivery

Indefinite Quantity, multiple award, task order contract.

4. Description of Supplies/Services. The A/E contractor Jensen Yorba Wall, Inc., will be responsible to act as the engineer of record during construction, providing construction contract support services (CCSS) and field support services (FSS).

The independent government estimate for this work is $XXXXXXXXX There are no option items.

5. Justification for Exception to Fair Opportunity.

X 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. [For logical follow-on, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)].

Rationale: In the interest of economy and efficiency, this work is considered logical follow-on work to Project No. 11156099, Kodiak and Sitka AE Design Repairs for CrVI, (Task Order 70Z08721PFJT01300), which was awarded to Jensen Yorba Wall, Inc. under the A/E IDIQ (Contract No. 70Z08720DJYWARC03) in the amount of $644,736.08 Since this design is a very technical and unique it will be important to have the original DOR available for support as needed. Please see Paragraph 7 for additional information.

6. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The contracting officer anticipates the cost to the government for this work will be fair and reasonable. This is based on the fact that:

1. Hourly rates for various labor categories were established with the evaluation and award of the AK AE IDIQ. The contractor is anticipated to utilize the previously negotiated hourly rates in their proposal. Although not anticipated, any rates that exceed those previously agreed upon rates will be negotiated at the time they are received with the proposal.

2. The level of effort is reasonably predictable based on the same/similar work the contractor has performed in the recent past,

3. CEUJ has an established relationship with this contractor and has successfully negotiated reasonable prices on numerous projects

4. The estimator of the IGE for this project has a history of developing very reliable estimates for similar A/E work

7. Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited.

Under Project No.11156099 Jensen Yorba Wall, Inc. was the designer of record in the generation of 100% design documents for construction project 10925308, Repair Hangar for CrVI Mgmt, AIRSTA Sitka. This project is of a unique and technical nature and therefore CEU Juneau (CEUJ) requires engineer support from a Designer of Record to certify any field changes or questions that may result from Request For Information (RFI) submittals.

It the interest of efficiency and economy, Jensen Yorba Wall, Inc. is the logical choice to perform this follow on work. Jensen Yorba Wall, Inc. has all of the knowledge, technical documents, expertise, and background to properly support this work. Hiring a new design firm to act as the Designer of Record on this project would require significant re-work which would be timely and costly.

If this J&A is not approved, it would not be worth CEUJ seeking another design contract to support this work and CEUJ would assume the risk of making design evaluations as needed to support this project. Because of the technical nature of this design this course of action is not recommended.

8. Posting of this requirement on Contract Opportunities The USCG will adhere to the posting requirements of FAR 16.505(b)(2)(ii)(D) as it applies to this Fair Opportunity Exception.

9. If applicable – A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition. Not applicable.

10. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

The Construction Project that this task supports will be procured via a competitive bid process.

11. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

BERRY.CHERYL.ANNE. Digitally signed by

BERRY.CHERYL.ANNE.1255440990

1255440990

Name Date Contracting Officer

12. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

SMITH.JENNIFER.L.

1178959251

Digitally signed by

SMITH.JENNIFER.L.1178959251

Date: 2022.06.01 16:09:29 -08'00'

Jennifer L. Smith Date Technical Representative/COR

APPROVAL:

BERRY.CHERYL.ANNE.125

5440990

Digitally signed by

BERRY.CHERYL.ANNE.1255440990

Date: 2022.06.15 08:48:07 -08'00'

Name Date Contracting Officer

06/15/2022

06/15/2022