EFO_Final_PCF_14Feb24_signed.pdf

“For Official Use Only”

See FAR 2.101 and 3.104

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

Task Order for Design Services for FY24 SRM 80th Fighter Squadron (FS) and 80th Aircraft Maintenance Unit (AMU)

Complex (Controlled Facilities) Kunsan AB, Korea

HDR Engineering, Inc.

1. Agency and Contracting Activity: Department of the Army, U.S. Army Corps of Engineers (USACE), Contracting Division, Far East District (FED), Pyeongtaek, Korea.

2. Description of the Action Being Approved: Approval is requested for exception to fair opportunity for a sole source award of a firm-fixed priced task order under Architect Engineer IDC W912UM23D0002 to HDR, Engineering, Inc. (HDR).

3. The services required to meet the agency’s needs: Development and completion of the

Planning Charrette and Report (PCR) for a design of the controlled facilities of the 80th FS and 80th AMU Complex, at Kunsan AB, Korea. Estimated value of the acquisition is $100,000.

4. Identification of the Appropriate FAR 16.505(b)(2) Exception: 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.

5. Rationale Supporting the Exception:

a. The proposed 80th FS and 80th AMU complex will include unsecured and controlled spaces within the facilities, which are interconnected. HDR was awarded task order W912UM22F0071 to design the unsecured spaces within the facilities, and completed that portion of the design on 22 January 2023.

b. The required services are within scope of HDR’s MATOC. The proposed follow-on design work will involve similar elements of the existing design and will incorporate additional features and efforts into the design of the facilities’ secured spaces.

c. HDR has specific project experience, expert knowledge of, and familiarity with the design details of the unsecured spaces of the complex. Giving the remaining design work for the secured spaces to another A-E firm now will likely result in disruption of interoperability and waste design effort while the new A-E completes site investigation and exploratory efforts, which have already been completed by HDR.

Completion of the full design by another A-E firm will also likely take longer than if completed by HDR. Competitive award of A-E tasks orders by FED generally take four to six months; which time would be avoided by award of the follow-on work to

HDR.

d. HDR received a final overall Contractor Performance Assessment Report System

(CPARS) rating of “Satisfactory” for its work on the first phase of the design. The Contracting Officer assesses that HDR has both the technical capability and capacity to successfully execute the follow-on design effort within the required time.

6. Contracting Officer’s Determination That the Cost to the Government is Fair and Reasonable: The anticipated costs to the Government for this Task Order will be fair and reasonable based on historical prices for task orders previously awarded for similar projects in the past involving the contractor. The prices negotiated for Task Order W912UM22F0071 are recent enough to be used as a price analysis tool for determining the reasonableness of this follow-on order’s pricing. No certified cost or pricing data will be required since the cost of this requirement is estimated to be below the $2,000,000 threshold.

7. Any Other Facts Supporting the Justification: None

8. Actions, if any, the Agency May Take to Remove or Overcome Any Barriers That Led to the Exception to Fair Opportunity Before Any Subsequent Acquisition of Similar Services Is Made: FED will continually look for ways to solicit, negotiate and award A-E design task orders that combine all phases of the design work into one award, thereby eliminating the need for subsequent, follow-on task orders and justifications for exceptions to fair opportunity.

9. Contracting Officer’s Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: Contracting Officer Signature:

10. Technical and requirements Certification

a. Technical Certification:

I certify that the justification herein is accurate and complete to the best of my knowledge and belief.

Typed Name: Bill Fitzgerald Date:

Title: Contracting Officer’s Representative (COR) Signature:

b. 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.

Typed Name: Tae Kwon Date:

Title: Project Manager Signature:

11. Approval

I determined that the circumstances of this acquisition meet the requirements of logical follow-on to an existing order as stated in the FAR 16.505(b)(2)(i)(C) and therefore, limiting fair opportunity to A-E firm, HDR, is justified. Based on the foregoing justification, I hereby approve the procurement of A-E services in the amount of $100,000.00

Typed Name: ____________ Date: ________________________

Title: Contracting Officer Signature: ____________________