justification_HVAC_700_781.pdf

Control No:

Justification for an Exception to Fair Opportunity

1. Contracting Activity:

127 MSC

43200 Maple Street Bldg. 105, Rm 16 Selfridge ANG Base MI 48045

2. Description of Action: Sole source follow on delivery order for Type B A/E services for VGLZ 152067; Repair Roof and HVACs Bldgs. 700 and 781 on a limited source (other than fair opportunity) basis under FAR 16.505 ordering procedures. This sole source order is to be written as a logical follow on to delivery order W912JB-13-D- 4005-0011.

3. Description of Supplies/Services: The Contractor shall perform Type B design services, non-personal IAW with SOW dated 19 Feb 2016. Services included but are not limited to production of complete designs - including preliminary and final plans, outline and final specifications, design analyses, and preliminary and final cost estimates - and the attendance of biweekly job progress meetings. The Contractor shall also interpret and clarify the intent of the drawings and specifications as directed by the Contracting Officer.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on logical (e.g., in terms of scope, period of performance, or value): This order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a Type A services design task order already issued under the existing MATOC IDIQ contract. There is a synergistic, positive impact on the initial task order design since the contractor can provide, in an expeditious, and holistic manner, interpretation of their own design in regards to performing the tasks mandated by the Type B service portion of the Statement of Work dated 19 Feb 2016. This interpretation of their own work product will substantially decrease the risk to the Government in that it is expected that the technical outcome will be much more satisfactory than if another Contractor was to provide Type B services. All A/E MATOC awardees were given a fair opportunity to be considered for the original task order as all were issued a Notice of Proposed Task order for VGLZ 152067 Repair Roof and HVACs Buildings 700 and 781 on 9 March 2016. This solicitation resulted in the award of delivery order W912JB-13-D- 4004-0004 for Type-A design services.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Reasonableness of proposed price shall be established in accordance with FAR 15.404(b)(2)(v), Comparison of proposed prices with independent Government cost estimates, by negotiating the level of effort involved and by using the Contractor's current Option Year 2 rates.

6. Any other facts supporting the justification: NIA

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. NIA. Any future construction acquisitions with exceptions to fair opportunity will be justified on a case by case basis based on the particulars of those acquisition scenarios.

8. The contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

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.

Date:________________

Director, 127 MSC Contracting Division

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel

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

Contracting Officer's Representative Date:_______________

Text4: 26 Jul 2016