SPCS No. 5 A_E Type A2 Services JA.pdf

JUSTIFICATION REVIEW DOCUMENT

Program/Equipment: Architect-Engineer (A-E) Type A Services in Support of KNMD239001, Space Control Facility #5, Joint Base Pearl Harbor-Hickam, Hawaii

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: Estimated at $113,503.00

Prepared by: Cezar De Veas, MSgt PH: 808-844-6422 Contract Specialist Date: 08/11/2023 Email: cezar.y.deveas.mil@army.mil

Contracting Officer: Anthony G. Reyes PH: 808-844-6319 Contracting Officer Date: 08/11/2023 Email: anthony.g.reyes1.civ@army.mil

Technical: Emilio A. Placencia, Jr., Maj DSN: 315-447-0101 154 CES, Deputy BCE Date: 08/11/2023

Email: emilio.placencia@us.af.mil

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

Office of General Counsel:

Typed Name: Lloyd C. Phelps II, LTC

PH: 808-672-1010

Signature: Date:

Competition Advocate: N/A Typed Name:

DSN:

Signature: Date:

PHELPS.LLOYD.C

OLLINS.II.11474385

Digitally signed by

PHELPS.LLOYD.COLLINS.II.114

7438563 Date: 2023.08.30 11:44:18 -10'00'

30-Aug-23

Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: USPFO-HI Purchasing & Contracting Division

2. Description of Action: 154 CES requests a sole source award to Setiadi Architects LLC. The Government projects award for 2023 and fiscal year 2023, Air MILCON 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 A services for the development of conforming Design-Build Request for Proposal (D-B RFP) in support of the construction of KNMD239001 Space Control Facility #5 at Joint Base Pearl Harbor-Hickam, Hawaii for an approximately 12,100 square-foot facility to support bed-down of an 88-person Space Control Squadron (SPCS) assigned to the Hawaii Air National Guard (HI ANG). The D-B RFP contract is scheduled for award on 28-Sep-2023. The period of performance of this A-E action will be 118 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 $113,503.00.

Type A services shall include the A-E firm to site adapt the Guam Air National Guard (GU ANG) SPCS #5 RFP developed for Naval Facilities Engineering Command (NAVFAC) Marianas, Anderson AFB, Guam to Joint Base Pearl Harbor-Hickam, Hawaii in conformance with UFC, Air Force, ANGETL, JBPHH and State/Local codes.

Updates to this RFP include, but not limited to:

Utility connections Exact siting after considering future growth or use of the property, noise, frequency interference, ATFP, security, FAA, etc… Updates to foundation plan (use provided Geotech data from 3 nearby projects and assume this site has the same conditions) Conformance of the structure to UFC, Air Force, ANGETL, JBPHH and Hawaii codes for wind, tsunami, earthquake, etc… A code and criteria review of the previous RFP Package

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: This requirement is a follow-on award to Setiadi Architects LLC. The requirement was previously negotiated and awarded as contract N40192-16-D-0001 task order N4019221F4081. That award included Type A services to prepare a Design-Build (DB) Request for Proposal (RFP) package for Space Control Squadron assigned to the GU ANG at Anderson AFB, Guam. Type A services included the basis of design (specifically the design intent), the development of the project concept, and associated site investigations.

Because Setiadi Architects LLC already designed the GU ANG SPCS #5 RFP, it is economical and efficient to award the Type A services as a sole source follow-on contract since the A-E firm is familiar with the project scope and requirements to site adapt the project to Joint Base Pearl Harbor-Hickam.

There is tremendous performance and liability risk associated with another A-E firm doing these services for a project that was designed by a different firm. Having the original designer, Setiadi Architects LLC, on contract to perform these services is necessary for the Government to ensure a conforming Design-Build RFP, that the project documentation is clear, sufficiently detailed, accurate and coordinated, and contains minimal errors.

An award to a new A-E other than Setiadi Architects LLC 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 A 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 Setiadi Architects LLC, would likely carry more cost and performance risk than Setiadi Architects LLC. Since Setiadi Architects LLC 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 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 Setiadi Architects LLC.

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

10. Other Facts: The previous contract for the for the Design-Build (DB) Request for Proposal (RFP) package awarded to Setiadi Architects LLC was issued by the NAVFAC Marianas, as contract N40192-16-D-0001 task order N4019221F4081, Project Space Control Facility #5, AAFB. It was awarded on 31-Dec-2020 in the amount of $687,913.00, period of performance 242 days. Modification P00001 was a no-cost time extension (extend the performance period by 152 calendar days) and Modification P00002 was an administrative modification to correct the Line of Accounting (LOA).

Modification P00003 was issued to incorporate additional A-E services in the amount of $55,119.65 and extend the performance period by 244 additional calendar days, from 31 March 2022 to 30 November 2022. Although Type A services were completed, the D-B RFP package was not solicited due to the Space Control Squadron Facility #5 (New Mission) being reassigned from the Guam Air National Guard, Anderson AFB, Guam to the Hawaii Air National Guard, Joint Base Pearl Harbor-Hickam, Hawaii

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: Emilio A. Placencia, Jr., Maj Date:

Title: 154 CES Deputy BCE 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: Emilio A. Placencia, Jr., Maj Date:

Title: 154 CES Deputy BCE 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.

IGCE was developed to determine reasonableness of scope. Cost and price analysis of the Contractor proposal will be compared with the IGCE and analyzed with local Market Research to determine responsiveness and fairness.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: N/A other: N/A

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):

PLACENCIA.EMILI

O.ATABAY.JR.1179

647946

Digitally signed by

PLACENCIA.EMILIO.A

TABAY.JR.1179647946

PLACENCIA.EMILIO.A

TABAY.JR.1179647946

Digitally signed by

PLACENCIA.EMILIO.AT

ABAY.JR.1179647946

The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Anthony G. Reyes Date:

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: Anthony G. Reyes Date:

Title: Contracting Officer Signature: