LSGA219001 JA-Far6_A-E Type C Services F35SIM signed.pdf

Control number:

PANNGB23P10099

JUSTIFICATION REVIEW DOCUMENT

Program/Equipment: Architect-Engineer (A-E) Type C Services in Support of LSGA219001Construct Flight Simulator type “C” service

Authority:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: $536,142.00 Prepared by:

Contracting Officer:

Technical:

Matthew Michael Contracting Officer Email: Matthew.j.michael2.civ@army.mil

Michael Rivera

COR

Email: michael.rivera.8@us.af.mil

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel:

Gary B Davenport: Signature:

Email:

gary.b.davenport2.mil@army.mil

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: United States Property and Fiscal Office for Florida

2. Description of Action: 125th Fighter Wing requests a sole source award to FSB Federal Design Group JV, The Government projects award for 2023 and fiscal year 2023, MILCON funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Services: This is an Architect-Engineer (A-E) requirement to perform Type C services in support of the construction of F35 Flight Simulator Facility at Jacksonville ANGB. The construction contract is scheduled for award on 26 June 2023.

The period of performance of this A-E action will mirror the construction contract award (reference construction solicitation W50S6Y23R001 of 420 calendar days after issuance of the notice to proceed. There are no options required for this acquisition.

Type C services include documenting and providing answers to Contractor’s requests for information (post award), review of submittals, attendance and records at job progress meetings, review of lab results, preparation of as-built drawings, multiple site visits to inspect the progress and quality of construction to ensure the construction contractor is following the approved design.

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: This requirement is a follow-on award to FSB Federal Design Group JV. The requirement was previously negotiated and awarded via contract/task order W50S6Y21F0010. That award included Type A and B services for the design of the F35 Flight Simulator Facility. Type A services included the basis of design (specifically the design intent), the development of the project concept, and associated site investigations. The Type B services included the design narrative and the development of the construction documents.

Because FSB designed and certified the drawings and specifications and is liable for the quality of their design, it is economical and efficient to award the Type C services as a sole source follow-on contract.

There is tremendous performance and liability risk associated with another A-E firm taking over the Type C services for a project that was designed by a different firm.

Having the original designer, FSB, on contract to perform the construction phase services is necessary for the Government to ensure responsibility for their design, including ensuring the design is constructible, maintainable and operable, that the project documentation is clear, sufficiently detailed, accurate and coordinated, and contains minimal errors.

An award to a new A-E other than FSB would increase the risk associated with these issues and potentially affect the Government’s rights under FAR 52.236-23, Responsibility of the Architect-Engineer Contractor, if another A-E were to represent or attempt to revise the current drawings and/or specifications. This clause states that the “Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor”. However, if a new A-E were to make recommendations during the Type C services to revise or deviate from the original drawings or specifications, any liability resulting from those changes could not be attributed to the original A-E. This could potentially create a dangerous and complicated scenario if the Government needed to hold the responsible A-E party liable for any errors or deficiencies in the designs, drawings, and/or specifications.

6. Efforts to Obtain Competition: No efforts were made to obtain competition for this one-time requirement due to the rationale described in paragraph 5. This Justification Document will be made public after award through the Government Point of Entry in accordance with FAR 6.305.

7. Actions to Increase Competition: No actions were taken to increase competition since this is a one-time requirement following on to a previously competed project.

8. Market Research: There are many large and small businesses, to include firms of all socioeconomic categories, capable of fulfilling this need for the Government.

Unfortunately, all firms, other than FSB, would likely carry more cost and performance risk than FSB. Since FSB previously completed the Type A services which included the basis of design (specifically the design intent), and the development of the project concept, and associated site investigations as well as the Type B services which included the design narrative and the development of the construction documents for the forthcoming construction project, this document has been prepared to justify a sole source award to FSB.

9. Interested Sources: A listing of interested sources was not solicited or received for this acquisition.

10. Other Facts:

Procurement History

(1) Contract numbers and dates of the last several contracts for these same requirements. W50S6Y22C0003-9/19/22; W50S6Y21F0030-12/29/21;

W50S6Y21F0025-9/27/21

(2) The competitive status of these actions were all Fair opportunity for type A&B service.

11. Requirements/Technical 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: Michael Rivera Signature:

13. 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: price analysis and IGCE.

As a part of this basis, certified cost or pricing data:

☒ 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.

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

MATTHEW J MICHAEL

Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of Type C A&E services for the estimated amount of $536,142.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), Only one responsible source, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

JEFFREY D MOORE

Chief of Contracting Office Signature: