JA Exception to Fair Opportunity.pdf

02/26/2026

CUI

Justification and Approval (J&A) for Other Than Full and Open Competition

I. Agency and Contracting Activity.

US Air Force, 9th Contracting Squadron, Beale AFB CA

II. Nature and/or description of the action being approved.

The scope of work for the wastewater treatment plant includes a design refresh of select treatment units, structural and architectural features to modernize the facility to improve reliability and redundancy. The design shall incorporate a phased construction approach to maintain plant operational capabilities during construction.

The original design was prepared by Raymond Pond Full Services Solutions JV, LLC Repair of Wastewater Treatment Plant (B124) Contract Number FA8903-21-D-0034 task order FA4686- 22-F-0019 dated 6/15/2023.

III. Description of supplies/services required to meet agency needs.

Raymond Pond Full Services Solutions JV, LLC provided the original design for the wastewater treatment plant at Beale AF in June of 2023. Partial construction of the project was completed in 2024 to include construction of new grit removal system, repair of trickling filter 2, construct secondary clarifier weir, construct launder cover system, and upgrading interior spaces and in 2025 to repair primary clarifier and sodium hypochlorite generation system.

Since that time there have been code revisions to the Unified Facilities Criteria (UFC). To ensure that the construction of the wastewater treatment meets the current code requirements the contractor will provide a refresh to the current uncompleted portions of the project. The contractor will also update the design to incorporate the red line drawings from the completed construction. The refreshed design will reconcile the original design with current plant conditions and any work already completed or under construction, validate design flows and loadings with operations personnel, and incorporate scope updates across all disciplines.

In addition, the contractor will provide additional design services for upgraded headworks, effluent disposal pump replacement, 12% sodium hypochlorite system, demo anerobic digesters, drying bed rehabilitation, paving, roof repair and generator replacement.

The government total estimated value for the action is $1,683,304.08.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The statutory authority permitting other than full and open competition for this effort is in accordance with the exception to fair opportunity process FAR 16.505(b)(2)(i)(b) & (c).

Following the A&E Next competitive procedures Raymond Pond was found to be the most qualified A&E firm for the original design of the WWTP. They are the current designer of record and have intimate knowledge of the plant and their previous provided design. In addition, in the state of California, a civil engineer cannot simply "over-stamp" or sign another engineer's design without being responsible for the chane of the work. According to the 2026 Professional Engineers Act and Board for Professional Engineers, Land Surveyors, and Geologists guidelines, a licensed professional must have personally created or supervised the design to seal it. Meaning Raymond is uniquely qualified to provide the updated refresh to their design.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

FAR 5.202 (a)(6) contracting officer need not submit the notice required by 5.201 when (6) The proposed contract action is an order placed under subpart 16.5.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The hourly rates are pre-negotiated on the AE Next IDIQ contract (A-E Next, Pool 3, Negotiated).

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Markert research was not conducted because the contractor was still active, and in good standings, on the AE Next IDIQ contract.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

None

IX. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

None

X. Certification by the Contracting Officer. (FAR 6.303-2(b)(12)) As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

Robert Briney, Civ, USAF

Contracting Officer

9 CONS /PKA

XI. Certification by the technical/requirements personnel. (FAR 6.303-2(c)) As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

H. Edward Hohlt, Civ, USAF, P.E.

Utilities AMP Manager Requirements & Optimizations 9th Civil Engineer Squadron