DCANG MLCTF_JA Redacted 15JUN21.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

J&A Log No. NAB-21-021

For Technical Assistance Services and Construction Phase (Title II) Services for the District of Columbia Air National Guard (DCANG) 113th Fighter Wing (FW) – Mission Load Crew Training Facility (MLCTF), located at Joint Base Andrews in Camp Springs, Maryland

1. CONTRACTING AGENCY: Per Federal Acquisition Regulation (FAR) 6.303-2(b)(1), the Procuring Agency responsible for this action is the United States Army Corps of Engineers (USACE), Baltimore District (CENAB-CT) Large Contracts, Architect- Engineering (A-E) & Environmental Services Branch, in Baltimore Maryland.

2. DESCRIPTION OF ACTION: In accordance with FAR 6.303-2(b)(2), USACE- CENAB requests approval to award a New Firm-Fixed-Price (FFP) Sole-Source Contract with the POND & Company (POND) for Technical Assistance Services and Construction Phase (Title II) Services for the DCANG 113th FW – MLCTF, located at Joint Base Andrews in Camp Springs, MD. The Government projects a July 2021 Award Date utilizing Fiscal Year 2021 (FY21), Military Construction (MILCON) funds. The estimated value is with a Period of Performance (POP) of twenty-four (24) months.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

DCANG has a requirement for Technical Assistance Service and Construction (Title II) Phase Services for the 113th FW – MLCTF. In 2017, POND, serving as the Designer of Record, provided USACE with the Project’s Construction Documents. Due to complications with the Construction Contractor, construction activities for this project have yet to begin.

USACE policy requires all Construction Documents over six (6) months be reviewed and revised to address any necessary changes to the drawings and specifications, as well as ensure the documents compliant with current applicable model codes and reference standards. The Base Pre-Award Technical Assistance Services will include a new Engineer Review of POND’s original 2017 Construction Documents, as well as providing revisions to ensure the Construction Documents, particularly for Fire Protection and Mechanical are compliant with the latest Model Code and Reference Standard. Following the completion of review and revisions to the Construction Documents, the Post-Award Construction (Title II) Phase Services will be required as an Option Item. These post-award services will include responding to all Request for Information (RFI), review of shop drawings and submittals, interpretation of the Construction Documents to General Contractors during all phases of construction. In addition, Title II services will include coordinating Punch-Out inspection and Punch List Report with USACE, as well as reviewing the General Contractor prepared Operations and Maintenance Manual for Project Close-Out.

4. AUTHORITY CITED: The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) 2304(c)(1) as implemented by FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”.

5. REASON FOR AUTHORITY CITED:

Background:

On 06 July 2016, the Department of the Army, National Guard Bureau, United States Property and Fiscal Office (USPFO) DC, awarded a Design Bid Build project to POND for Design Services of the Munitions Load Crew Training Facility (MLCTF). As the DOR for this project, POND provided the original designs for the facility and prepared the current Construction Documents, which comprised of architectural, civil, structural, mechanical, electrical, plumbing and specifications. On 28 September 2020, USPFO DC 113 Mission Support Contracting awarded a Construction (Title II) Phase Services Contract W9133L-15- D-0001; Task Order W50S6W20F5002 to POND. On 06 May 2021, due to the Termination for Default Construction Contract with Kochendorfer Group USA, the Construction (Title II) Phase Services Contract with POND was subsequently Terminated for Convenience.

USACE-CENAB has begun working Pre-Award actions for the new Construction Contract under Solicitation W912DR21B0021.

Justification:

In accordance with FAR 6.302-1(a), POND is the only A-E that can successfully perform the necessary requirement. As the DOR, POND generated the Construction Documents, drawings, and designs that will be utilized by the Construction General Contractors throughout the entire Construction Phase of the DCANG MLCTF project. As the DOR, POND stamped the documents, thus accepting the technical responsibility and legal liability for all construction documents, drawings, and designs were in full compliance of the applicable DoD Unified Facilities Criteria (UFC) 1-200-01, General Building Requirements and UFC 1-200-02, and High Performance and Sustainable Building Requirements. In addition, as the DOR, POND accepted legal responsibility that construction documents, drawings, and designs were compliant with all applicable DoD, Air Force, and base design standards, codes, and regulations.

Under this Contract, the A-E will be required to take on the technical responsibility, as well as the legal exposure and liability risks for all the POND’s construction documents, and drawings. It is highly improbable a new A-E will accept the significant legal liability risks with regards to adopting interpreting, carrying out submittal reviews, and responding to RFIs, using POND’s documents without a level of duplication, error, or omission by the design team pertaining to data collection of existing documents.

Furthermore, using any other A-E aside from the DOR who is familiar with the project and requirements, and possess the personal necessary to accomplish the requirements within the extremely short lead time, a new A-E will result in increased schedule and costs risk that.

The time that will be required for a new A-E to familiarize themselves with POND’s construction documents, drawings, and designs, will result in longer lead times to respond to RFIs, which will result in detrimental construction delays that will jeopardize critical milestones.

Impact

The 113 FW will continue to have inadequate classroom space for munitions load crew training, leading to continued delayed or canceled training, which will impact mission readiness and capabilities. This project meets the criteria/scope specified in Air National Guard Handbook 32-1084, “Facility Space Standards” and compliant with the installation development plan. Antiterrorism/Force Protection requirements have been considered in the development of this project. This facility can be used by other components on an “as available” basis; however, the scope of the project is based on Air National Guard requirements. Sustainable principles, to include life cycle cost effective practices, will be integrated into the design, development, and construction of the project in accordance with Executive Order 13693, 10 USC 2802(c) and other applicable laws and Executive Orders.

This project will enable the demolition of an existing metal aircraft hangar (7,000 SF/650 SM). The AE/DOR Tech Assist and Title II assistance is paramount to the overall project award execution.

Alternative(s):

1) Compete Requirement in accordance with FAR 36.6 Brooks Act: This alternative would be costly and/ timely for both the Government and all offerors. The Government would be required to post the synopsis, allow 30 days for receipt of proposals, and convene an evaluation board. Offerors would be required to organize teams and personnel, prepare SF330 submittals, and participate in interviews.

2) Issue the Task Order to an new A-E under an existing A-E Indefinite-Quantity/Indefinite- Quality (IDIQ) Contract: Issuing this requirement to new A-E to perform Technical Assistance Services and Construction (Title II) Services on this project would result in a higher technical, schedule, and cost risk. Pursuing this alternative would result in unacceptable delays while the new A-E validates the scope or work outlined in the source documents.

As such awarding to any vendor other than POND would result in result in increased costs risks due to substantial duplication of unrecoverable costs to the Government through competition. There is no other firm that can provide these expert services in the time frame required per the contract. POND is the only contractor that can leverage their existing knowledge of the project services in the time frame required.

6. EFFORTS TO OBTAIN COMPETITION: USACE’s technical experts involved with DCANG determined the only firm with the necessary qualifications and familiarity of the scope of work with the design was FSB. On 07 May 2021, in accordance with FAR 5.201, a Notice of Intent (NOI) was posted to beta.sam.gov (Government Point of Entry). The NOI requested any firm that believed they could perform the work for this requirement should submit a capability statement that would be independently reviewed by the Government. The NOI was posted for fifteen (15) days to 22 May 2021. No firms responded with capability statements.

7. ACTIONS TO INCREASE COMPETITION: Not Applicable. On 07 May 2021, the Government posted a NOI to beta.sam.gov to locate additional firms that would be capable of performing the requirement. No firms responded.

8. MARKET RESEARCH: On 07 May 2021, the Government posted a NOI to present outside firms the opportunity to submit capability statements. The Government also reviewed qualifications of firms that have previously worked with the USACE.

9. INTERESTED SOURCES: To date, no other sources have written to express an interest.

This requirement was not synopsized pursuant to the exception in FAR 5.202(a)(2).

10. OTHER FACTS: Not Applicable.