W50S9G26R0001 - Sole Source JA CCR_Redacted.pdf

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

1. Contracting Activity: 128th Mission Support Contracting.

2. Description of Action: 128th CES requests a sole source award to AECOM Technical Services, Inc.. The Government projects award for 2026 and fiscal year 2026, funds type 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 Code and Criteria Review and Type C services in support of the renovation of Corrosion Control Facility at 128th Air Refueling Wing. The construction contract is scheduled for award on 1 Jan 2026. The period of performance of this A-E action will mirror the construction contract award (reference construction solicitation TBD) of 30 calendar days after issuance of the notice to proceed. There are no options required for this acquisition.

Code and Criteria Review services include identifying any design revisions necessary due to changes in criteria (including codes and standards) or site infrastructure that have occurred since the drawings and specifications were sealed.

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:

as implemented by FAR Part 16.505(b)(2)(i)(C) – The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

5. Reason for Authority Cited: This requirement is a follow-on award to AECOM Technical Services Inc.. The requirement was previously negotiated and awarded via contract/task order W50S9G-21-F-0010. That award included Type A and B services for the design of the Renovate Corrosion Control 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 AECOM Technical Services designed and certified the drawings and specifications and is liable for the quality of their design, it is economical and efficient to award the Code and Criteria Review and 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 Code and Criteria Review and Type C services for a project that was designed by a different firm. Having the original designer, AECOM Technical Services, Inc, 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 AECOM Technical Services, Inc 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 Code and Criteria Review and 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 AECOM Technical Services, Inc, would likely carry more cost and performance risk than AECOM Technical Services, Inc. Since AECOM Technical Services, Inc 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 AECOM Technical Services, Inc.

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

10. Other Facts: