FAR-Part16-JA-2.pdf

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN

FULL AND OPEN COMPETITION

Requisition Number: F9A3RP0184AW01 00000

Project Info: A/E code and criteria review conference, evaluation of existing design effort, and repackaging of Plans and Specifications is required for the South Dakota Air National Guard for project LUXC099042 Aircraft Maintenance Shops A/E project design.

Description of Requirement: The South Dakota Air National Guard – 114 FW has a requirement to negotiate and award a sole-source contract to MSH Architects Inc. for the review and revision of an existing A/E construction design effort under project LUXC099042; Aircraft Maintenance Shops (MM1). MSH was originally awarded the A/E contract/order under W912MM-11-D-0002 0004, Aircraft Maintenance Shops; therefore have first-hand knowledge and experience of the project design effort.

Authority:

10 U.S.C. 2304(c)(3) as implemented by FAR Part 6.302-3 -- Industrial Mobilization;

Engineering, Developmental, or Research Capability; or Expert Services.

Estimated Amount: $92,936.26

Particulars:

1. Contracting Activity: ARNG SD PC 2823 West Main Street, Rapid City, SD 57702

2. Description of Action: The South Dakota Air National Guard 114th FW requests a firm-fixed-price A/E contract with Miller Sellers Heroux Architects, Inc.(MSH). The Government projects awarding a Firm-Fixed Price contract on/after August 2020 utilizing fiscal year 2018, MILCON funds.

3. Description of Supplies/Services: The A/E firm shall complete the following services to the project LUXC099042 design:

a. Code and Criteria Review

b. Bid Saving Evaluation

c. Repackaging of Plans and Specifications (MCC Increase)

The period of performance (POP) is as follows:

a. POP CCR – 30 calendar days from NTP

b. POP Bid Saving Evaluation – 30 calendar days from NTP

c. POP Repackaging – 90 calendar days from NTP

d. Total POP = 90 calendar days

Total Estimated Value: $92,936.26

4. Authority Cited:

10 U.S.C. 2304(c)(3), as implemented by FAR 6.302-3, Industrial mobilization;

engineering, developmental, or research capability; or expert services.

5. Reason for Authority Cited:

MSH Architects Inc. was originally awarded order 0004 under IDIQ contract W912MM- 11-D-0002 contract for the design of project LUXC099042 Aircraft Maintenance Shop.

Upon receipt of proposals for the construction of project LUXC09902, it was identified proposals exceeded the Maximum Construction Cost (MCC). Because the cost of construction bid pricing exceeded the MCC the A/E firm will be required to re-evaluate and revise their design accordingly.

Because the Air National Guard Design Objectives and Procedures require a new CCR to be performed after 18 months between final design and bid opening, a new contract is required to incorporate the services described in section 3. It would only be prudent to contract the original design firm as they have intimate knowledge of the design. A new firm will not certify the work completed by other A/E firms for liability reasons and a complete redesign neither be cost effective nor in the best interest of the Government.

The authority cited under FAR 6.302-3(b)(2)(ii) is appropriate to “establish or maintain an essential capability for engineering or developmental work calling for practical application of investigative findings and theories of a scientific or technical nature.”

6. 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: historical pricing data

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):

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

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

Prepared by:

Shane Galles Date: 14 July 2020 Contract Specialist

Approval

Based on the foregoing justification, I hereby approve the procurement of LUXC099042 Aircraft Maintenance Shops CCR review for the estimated amount of $92,936.26 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)

(3) subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Monty Eisenbraun Date:

Contracting Officer Signature:

19August2020