JA Sole Source_Redacted.pdf

JUSTIFICATION REVIEWDOCUMENT

Program/Equipment: Architect-Engineer (A-E) Type C Services in Support of the Roof Replacement on Building 2815.

Authority: FAR 13.106-1(b)(1) – The order must be issued on a sole-source basis due to circumstances of the action can only be fulfilled by one source reasonably available.

Amount:

Prepared by: Jaymes K. Ellers DSN:

Deputy Base Civil Engineer Date: 8 September 2023 Email:

Contracting Officer: Kelly L. Hess DSN:

Base Contracting Officer Date: 8 September 2023 Email:

Technical: Christopher E. White DSN:

Base Civil Engineer Date: 8 September 2023 Email:

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

1. Contracting Activity: Delaware Air National Guard, DEANG, W50S6X

2. Description of Action: Delaware Air National Guard requests a sole source award to Mott MacDonald. The Government projects award for 2023 and fiscal year 2023, Air SRM 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 the Building 2815 Roof at the Delaware Air National Guard. The construction contract was awarded on 29 August 2023. The period of performance of this A-E action will mirror the construction contract award W50S6X-23-F-0004, of 365 calendar days after issuance of the notice to proceed.

There are no options required for this acquisition. The independent government estimate for this contract is

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: FAR 13.106-1(b)(1) – The order must be issued on a sole-source basis due to circumstances of the action can only be fulfilled by one source reasonably available.

5. Reason for Authority Cited: This requirement is a follow-on award to Mott MacDonald. The requirement was previously negotiated and awarded via task order, W50S6X20F0002. That award included Type A and B services for the design of the roof replacement for Building 2815. 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.

The original Task Order was awarded to FSB Federal Design Group JV. Mott MacDonald was a part of that team along with FSB and Hanson. Mott MacDonald was the lead on the Task Order of W50S6X20F0002, and was the only part of the team that was in communication with DEANG. Because Mott MacDonald 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 order.

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, Mott MacDonald, 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 Mott MacDonald 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 Mott MacDonald, would likely carry more cost and performance risk than Mott MacDonald. Since Mott MacDonald previously completed the Type A services which included the basis of design, 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 Mott MacDonald.

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

10. Other Facts: Procurement History - The original Task Order was awarded using the NGB National IDIQ. All awardees on the National IDIQ were given a fair opportunity for award. W50S6X20F0002 was awarded on 31 March 2020.

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.

Typed Name: Christopher E. White Date: 8 September 2023 Title: Base Civil Engineer Signature:

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.

Typed Name: Jaymes K. Ellers Date: 8 September 2023 Title: Deputy Base Civil Engineer 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:

cost analysis price analysis should cost IGCE audit: other:

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

will be required.

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.

Typed Name: Kelly L. Hess Date: 8 September 2023 Title: Contracting Officer Signature:

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

Typed Name: Kelly L. Hess Date: 8 September 2023 Title: Contracting Officer Signature:

WHITE.CHRISTO

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WHITE.CHRISTOPHER.EDWA

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ELLERS.JAYME

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ELLERS.JAYMES.K.138683

Date 2023.09.08 11 51 53 -04'00'

HESS.KELLY.

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HESS.KELLY.

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HESS.KELLY.L.14

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