Justification Exception_Fair Opportunity FTG215 CPS _SAM.pdf

U.S. ARMY CORPS OF ENGINEERS

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

IAW FAR 16.505(b)(2)(i)(B)

DESIGN SERVICES FOR CONSTRUCTION PHASE SERVICES

for FTG215 Missile Field 1 (MF1) Expansion, Fort Greely, Alaska

14 March 2022

POA 22-20

Pursuant to FAR 16.505(b)(2)(i)(B), the following justification is provided to support an exception to fair opportunity for issuance of a task order under the Indefinite Delivery Contract (IDC) Ballistic Missile Defense (BMD) Multiple Award Task Order Contracts (MATOC), Contract W912DY20D0012 for Design Services for Construction Phase Services for FTG215 MF1 Expansion, Fort Greely, Alaska

JUSTIFICATION

1. Identification of Agency and Contracting Activity: The U.S. Army Corps of Engineers (USAGE), Pacific Ocean Division (POD), Alaska District (POA).

2. Description of the Action: This is a request for a noncompetitive, cost plus fixed fee task order with Black & Veatch under the unrestricted BMD IDC W912DY20D0012 for Construction Phase Design Services for FTG215 MF1 Expansion at Fort Greely, Alaska. The total estimated value is for a period of 12 months.

3. Description of the Services: The purpose of this task order is for Black & Veatch to provide Construction Phase Services for its design of FTG215 Missile Field 1 Expansion at Fort Greely, Alaska.

The Engineering Services During Construction shall include review of Government approved shop drawings, submittals, site visits/inspections, evaluation of construction methods, and construction inquiries regarding alternative methods or inquiries not related to clarifications, errors, or omissions. The A-E shall prepare designs, drawings, and basic change documents to accommodate user requested changes, including user changes to Government furnished property.

4. Exception to Fair Opportunity and the Supporting Rationale: This exception to fair opportunity is being issued pursuant to the statutory exception stated at FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Black & Veatch was the original designer of record. The 100% design was provided under a previous IDAE Contract W912DY16D0017, which has expired. Because Black & Veatch is the designer of record, they are the only firm qualified to perform construction phase services for its design without the Government incurring substantial costs.

5. Contracting Officer Determination of Fair and Reasonable: The anticipated costs will be determined fair and reasonable based on the comparison of the Independent Cost Estimate and/or analysis of data other than certified cost or pricing data provided by the offerer. The approved labor rates are incorporated in the base contract and will verified with the task order proposal.

6. Other Facts Supporting the Justification: None

7. Statement of the 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 for the supplies or services is made: There is no competition possible for this requirement because the designer of record is the only awardee capable of performing design services for construction phase services for its design.

However, each new requirement under the Large Business BMD MATOC, Contract Numbers W912DY20D0012/13/14 MATOC is evaluated by the cognizant technical personnel to determine if there are any conditions that would preclude fair opportunity to all MATOC holders. Every effort to allow fair opportunity for all MATOC holders will be made for future requirements anticipated to be issued under this MATOC. The planning for future MATOC Task Order requirements will maximize the effort to solicit