JA A-E Type C Services_Corrosion Control B3407_Redacted.pdf

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 Federal Design Group JV 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: Market research was conducted by the contracting office on 25 Sep . It included a search on SAM.gov as well as a detailed search in the Small Business Administration (SBA) Dynamic Business Search website ad of the AbilityOne website. The research was concluded as follows: There are 367, active vendors in SAM.gov within the State of Hawaii with NAICS 541330. An SBA dynamic search under NAICS 541330, located in Honolulu (County), Hawaii resulted in 263 small businesses and Quick Market Search Listing compiled a breakout of the different business sizes and revealed the following socio-economic business categories: 32 Historically Underutilized Business (HUB) Zone firms, 144 8(a) firms, 65 Women-Owned Small Businesses, 58 Service-Disabled Veteran-Owned Small Businesses, and 198 Self- Certified Small Disadvantaged Businesses.

Based on these findings it is determined that 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 Federal Design Group JV, would likely carry more cost and performance risk than FSB Federal Design Group JV. Since FSB Federal Design Group JV 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 Federal Design Group JV.

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.

Contract W912J6-24-C-0002, p/n 150084 Brigade Readiness Center Addition, A-E Type C Services, April 2024

Contract W50SLF-23-P-0002, p/n MABE152003 Upgrade Building Complex Hilo, A-E Type C Services, May 2023

The competitive status of these actions.

Non-competitive action. Sole source award.

Authority previously cited if less than full and open competition was used.

10 U.S.C. 04( )(1), as implemented by FAR 6.302-1(a)(2) , If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

Contract W91J6-24-C-0002: No actions were taken to increase competition since this was a one-time requirement following on to a previously competed project.

Contract W50SLF-23-P-0002: No actions were taken to increase competition since this was a one-time requirement following on to a previously competed project.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

NGB National A-E IDIQ Contract W9133L-16-D-0005, Task Order W50SLF-21-F- 0005, KNDM202094 Corrosion Control Facility B3407, A-E Type A & B Services, September 2021

Approval

Based on the foregoing justification, I hereby approve the procurement of A-E Type C services in support of the construction of P/N KNMD202094 Repair Corrosion Control B3407 at Hawaii Air National Guard campus located on JBPHH, Hawaii, with a contract value estimated at $ on an other than full and open competition basis pursuant to the authority of 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(A), Substantial duplication of cost to the Government that is not expected to be recovered through competition, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

Signature: Date: ________________

Typed Name: _____________ Title: __________________________