Sole Source JA - W50SC2-23-C-0003 Type C Services 20230606.pdf

CUI

Control No.23-19

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program: Type C Services for CEKT179200 ASV/VM Facility

Authority: 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition.

Amount: $514,229.86

Prepared by:

Typed Name: 2d Lt Eric M. Hoss Phone: 860-386-4075_________

Title: Base Contracting Officer___________________E-mail: eric.m.hoss.mil@army.mil

Reviews

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

Chief of Contracting Office (CoCO)

Typed Name: Mr. Eric S. Bailey _Phone: 860-386-4037_________

Signature and date:______________________________________________________

Legal Counsel

Typed Name: COL Timothy J. Tomcho_____________Phone: 860-548-3203________

1. Contracting Activity: USPFO-CT P&C

2. Description of Action: This Firm-Fixed Price (FFP) contract is for Type C Services which were an option on task order W91ZRS-19-F-5002 off of the National Guard Bureau (NGB) National A-E IDIQ W9133L-15-D-0002 which has since expired, resulting in the need for this follow-on contract. The 103 CES requests a sole source award to Jacobs Engineering Group, Inc. (Jacobs). An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

3. Description of Services: 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 United States Code 3204(a)(1) as implemented in FAR 6.302- 1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. Reason for Authority Cited: In accordance with (IAW) NGB Procurement Implementation Memorandum (PIM) 2023-01 Rev 1, Architect-Engineer Construction Management (Type C) Services, this requirement is a follow-on award to W9133L-15-D- 0002. The requirement was previously negotiated and awarded as an option via task order W91ZRS-19-F-5002. That award included Type A and B Services for the design of CEKT179200. 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 Jacobs 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, Jacobs, 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 Jacobs 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 Jacobs, would likely carry more cost and performance risk than Jacobs. Since Jacobs 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 Jacobs.

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

10. Other Facts: At the time that Type B Services were executed, Jacobs submitted a Request for Equitable Adjustment (REA), for Type B and Type C Services (including GBCI Related Direct Costs and Commissioning).

11. 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.

12. 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.

Base Civil Engineer

Typed Name: Mr. Cory C. Knick___________________Phone: 860-292-2756________

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. IAW FAR 15.404-1(b)(2)(ii), the price for Type C Services was determined to be fair and reasonable before Task Order W91ZRS-19-F-5002 was released. The subsequent REA for Type C Services is determined to be fair and reasonable IAW FAR 15.404- 1(b)(ii)(B).

As a part of this basis, certified cost or pricing data is not required as the estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: 2d Lt Eric M. Hoss _Phone: 860-386-4075_________

Signature and date:______________________________________________________

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

Typed Name: 2d Lt Eric M. Hoss _Phone: 860-386-4075_________