A02-JA Bldg-CPS B16 B615PDF_Redacted.pdf

CUI Control Number: 24-35

CUI

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION – FAR Part 6

1. Contracting Agency: U.S. Army Corps of Engineers (USACE), Southwestern-Fort Worth District, Contracting Division, 819 Taylor Street, RM# 2A17, Fort Worth Fort Worth, Texas 76102.

2. Description of Action: This J&A is requested for a Sole Source, firm-fixed price (FFP), C-type contract, for the re-design and limited Construction Phase Services (CPS) of Building 16 & 615, Joint Base San Antonio, Fort Sam Houston.

3. Description of Services: The Architect Engineer (A-E) will revise the previously prepared design drawings and specifications for renovations to Building 16 & 615.

The A-E will update the design to address repairs needed due to some unforeseen roof conditions. Building 16 was constructed in 1875 and Building 615 was constructed in the 1890’s using slate tile roofing material. The contractor completed the interior demolition, including removing the ceiling to expose the roof from below.

The contractor discovered numerous areas with leaks and decay to the originally installed decking and underlayment. Further investigation shows several areas where the original slate tile is broken or missing. The contractor cannot “replace in kind” given the age of the original construction requiring design effort to make the facility complete and usable. The A-E will provide an alternate solution to the spray foam insulation design previously approved due to a change mandated by policy that prohibits such a design to comply with State Historic Preservation Office guidelines for historic facilities. Building 16 & 615 is in the Fort Sam Houston Historic District and on the National Register of Historic places. Additionally, the A- E will provide the following CPS:

• Site visits as required;

• Full review of up to twenty construction submittals, and

• Review and response to Requests for Information (RFIs) from the construction contractor (Contract W9126G19C0163).

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 United States Code 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2) (iii)(A), only one responsible source and no other supplies or services will satisfy agency requirements;

Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. Reason for Authority Cited: A-E liability issues prevent contracting with an A-E firm to provide revision to signed and sealed drawings provided by another A-E firm. At

CUI Control Number: 24-35

CUI

design analysis have been updated by the DOR. The Government’s requirement for the original design was obtained through a pre-existing Indefinite Delivery Contract (IDC), W9126G-17-D-0017. Fair opportunity was given, and the original Task Order, W9126G17F0218, was awarded to Kenall-Freese and Nichols (KFNI) as the Most Highly Qualified (MHQ) firm for the order. This action would be considered an in-scope modification to the original Task Order had the original contract not already been closed out. The original design project was completed on 18 August 2021.

The intent of this proposed sole source contracting action is to allow the original DOR to revise its previous design to address the changes required by the previously referenced differing site conditions and recent regulatory changes regarding the use of spray foam insulation. The seal and responsibility for design is maintained when changes are made by the original designer. No other A-E firm is legally able to revise the previously sealed documents without re-designing the entire project. There have been modifications required due to unforeseen conditions related to the facilities age and lack of accurate as-builts and documentation of existing conditions. A re-design at this state would result in substantial duplication of costs in the amount of $780,000, which is substantially more than the expected costs of $250,000 to go back to the original DOR. It is in the best interest of the Government for the original DOR to complete the work.

6. Efforts to Obtain Competition: There is currently no effort to obtain competition for this requirement. Since the original A-E has liability for their plans and specifications, it is far too great an assumption of risk to allow another A-E firm to revise the signed and sealed documents.

7. Actions to Increase Competition: In this case, no actions can be made to remove or overcome barriers to competition as none exist. The previous Task Order was competed among a pool of contractors and KFNI was selected as the MHQ. In the case of revisions to signed and sealed documents, only the original A-E may revise those documents. Should another firm be selected to update the design to address changes required by the differing site conditions (as discussed in para 3) associated with the roof repairs, and redesign necessitated by the change in the Army’s regulation regarding spray foam insulation, the original designer of record (KFNI) would not be liable for any design defects.

8. Market Research: A review of existing IDCs showed that this DOR is no longer available, the existing IDIQ is expired. Due to liability issues as noted in paragraph(s) above, the use of any other DOR would create a liability issue.

9.Interested Sources: All other sources are rejected on a legal basis due to the liability issues explained above.

10. Other Facts/Procurement History: A-E services for this requirement was previously procured under now expired T.O. W9126G17F0218, KFNI.