A-E Type C Services JA - Extend Comm Duct Bank signed_Redacted.pdf

J&A Control Number: PANNGB-23-P-0000 012032

JUSTIFICATION REVIEW DOCUMENT

Program/Equipment: Architect-Engineer (A-E) Type C Services in Support of the Extend Comm Duct Bank Construction Project.

Authority:

10 U.S.C. 3204(a)(1), as implemented by FAR 6.302-1(a)(2)(iii), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services.

Prepared by: Zachary D. Leddy Contract Specialist Email: zachary.leddy.2@us.af.mil

DSN: 391-4207

Contracting Officer: Amy B. Daniels Contracting Officer Email: amy.b.daniels2.civ@army.mil

DSN: 664-6157

Technical: James R. Eaton II Base Civil Engineer Email: james.eaton.6@us.af.mil

DSN: 398-4763

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

Office of the Staff Judge Advocate:

Typed Name: Cynthia V. Bernett

DSN: 391-4244

Signature:

BERNETT.CYNTHIA.VA

LDERREY.1020333517

Digitally signed by

BERNETT.CYNTHIA.VALDERREY.1

020333517 Date: 2023.09.01 18:25:26 -04'00'

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: 145 MSG/MSC

2. Description of Action: 145th Airlift Wing (AW) Civil engineering requests a sole source award to CH2M Hill – HDR JV. 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 Extend Comm Duct Bank project at the 145th AW located in Charlotte, NC. The construction contract is scheduled for award on 8 September 2023. The period of performance of this A-E action will mirror the construction contract award (reference construction solicitation W50S87-23-B-0002) of 240 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:

10 U.S.C. 3204(a)(1), as implemented by FAR 6.302-1(a)(2)(iii), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services.

5. Reason for Authority Cited: This requirement is a follow-on award to CH2M Hill – HDR JV. The requirement was previously negotiated and awarded via task order W50S87-20-F-5014. That award included Type A and B services for the design of the Extend Comm Duct Bank project. 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 CH2M Hill – HDR JV 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, CH2M Hill – HDR JV, 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 CH2M Hill – HDR 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: 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 CH2M Hill – HDR JV would likely carry more cost and performance risk then CH2M Hill – HDR JV. Since CH2M Hill – HDR 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 CH2M Hill – HDR JV.

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

10. Other Facts:

Procurement History

This requirement was previously negotiated and awarded via task order W50S87-20- F-5014 on 20 April 2020 under the NGB National A-E indefinite delivery-indefinite quantity contracts. It was initially competed among the entire pool of contractors, and CH2M Hill – HDR JV was selected.