140_Sole_Source_JA.pdf

MICHIGAN AIR NATIONAL GUARD

MICHIGAN AIR CONTRACTING CENTER (MACC)

43200 MAPLE ST. BLDG. 105

SELFRIDGE ANGB, MI 48045

16 September 2019

Justification and Approval for Other than Full and Open Competition: Sole Source

W912JB-19-P-5032 – REPAIR BLDG 140 AE

SELFRIDGE ANGB, MI

1. Contracting Activity: 127 MSC 43200 Maple Street, Bldg. 105, Rm 16 Selfridge ANG Base MI 48045

2. Description of Action: Sole Source Justification for the completion of a usable facility to house the 127 MXG Command/Administration and the Maintenance Operations Flight (MOF). This sole source is a logical follow-on to task order W912JB18F5022, awarded to Anderson Eckstein and Warwick for type A Design Services. The previous award was issued as a result of a fair opportunity solicitation within existing A-E MATOC. Fair opportunity IAW FAR 16.5 was provided for all three design phases, including type A, B and C Services. However, funding was originally provided for type A services only. This current action will be funded by NGB/A4O for type B services. Negotiations, albeit not binding for subsequent design phases, were conducted for all phases, at the time of the original order and delineated in the original PNM, which is filed for the proceeding order.

Therefore, further negotiations are not anticipated. However, a combo POM/PNM will be promulgated to reflect the original negotiation, as applied to the previously negotiated level of effort. The entire project, including all design phases, was negotiated for a total fee of $391,672.36.

This phase of Design Type B Services has been negotiated for $207,000.000. The basic IDIQ contract that W912JB18F5022 was written off of has expired. This action will be for a standalone follow on contract for Type B services.

3. Description of Supplies and Services: This project will include the repair of supporting utilities, infrastructure, communications, fire protection, and site improvements. The 8,001 square foot Building 140 was built in 1934 and is eligible to be on the National Register of Historical Properties.

a. Contract Type: Firm Fixed Price

b. Contractor: Anderson Eckstein and Warwick

c. Estimated Cost of Materials: $207,000.00

d. Form 9 #: F8Y36P8318AW02

e. Description of Supplies/Services: The objective is to provide a complete and usable facility to house the 127 MXG Command/ Administration and the Maintenance Operations Flight (MOF), while meeting all applicable codes and regulations, including Department of Defense (DoD) Antiterrorism/ Force Protection requirements and Air Force Instruction (AFI) 32-7065. This project will include the repair of supporting utilities, infrastructure, communications, fire protection, and site improvements.

The 8,001 square foot Building 140 was built in 1934 and is eligible to be on the National Register of Historical Properties. This project will require the services of a preservation architect with sufficient experience with historical buildings, similar to Building 140.

4. Authority Cited: The applicable FAR reference is 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements; (a) Authority. (1) Citations: 10 U.S.C. 2304(c) (1) or 41 U.S.C.253(c) (1). (2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. Reason for Authority Cited: FAR 6.302-1(2)(iii).which allows DoD, NASA, and the Coast Guard to procure a logical follow-on contract to a contract already issued would result in a substantial duplication of cost to the Government that is not expected to be recovered by competition and would result in unacceptable delays in fulfilling agency requirements. All Selfridge ANGB MI MATOC A-E's were given fair opportunity for consideration in the original task order solicitation process. As the present Designer of Record (DOR), their original design and packaging of the requirements, this contractor clearly can provide the product/service in the most efficient and economic manner. Re-synopsis, solicitation and subsequent selection and negotiation of the Type B Design Requirement, along with the possibility of a change in the design agents, would place a significant burden on the US government and would add significantly higher costs, both monetary and time, to the project. Given the project's relative stage of completion, any design agent would be compelled to fulfill their responsibility as DOR, and essentially 'redesign' the entire package, versus a modification of an existing design solution, requiring renewed design effort, reviews, and administration. It is estimated that this would amount to a significant amount of design and review time, while also resulting in additional costs. As Anderson Eckstein and Warwick is already the designer of record and already produced 35% of the design, re-accomplishing parts of this effort and cost would be redundant and a waste of US government resources. In addition, delays in the A-E project as a result of re-work would also result in similar delays in later contracting efforts.

6. Efforts to Obtain Competition N/A

7. Actions to Increase Competition: N/A Any future architect and engineering services acquisitions with exceptions and barriers to public competition will be justified on a case by case basis based on the particulars of those acquisition scenarios.

8. Market Research: Market Research for the above mentioned Task Order has been accomplished previously, and before, the original contract was solicited to all Selfridge IDIQ A/E Contractors. Below will address any updates to the market research, and if the Contractor environment has changed substantially.

The Contractor Environment has altered in that there is not an available IDIQ vehicle to provide AEW with a follow on task order excluding fair opportunity in accordance with FAR 16.505(b)(2). However, the type B Design Services are deemed to be available only from the original design source for the continued provision of these highly specialized design services. It is likely that award to any other source would result in--(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or unacceptable delays in fulfilling the Government’s requirements. All MATOC A-E's were given fair opportunity for consideration in the original task order solicitation process. Re-selection of a most qualified designer IAW FAR 36, along with the possibility of a change in the design agents, would place a significant burden on the US government and would add significantly higher costs, both monetary and time, to the project. Given the project's relative stage of completion, any design agent would be compelled to fulfill their responsibility as DOR, and essentially 'redesign' the entire package, versus a modification of an existing design solution, requiring renewed design effort, reviews, and administration. It is estimated that this would amount to a significant amount of design and review time, while also resulting in additional costs. As Anderson Eckstein and Warwick is already the designer of record and already produced 35% of the design, re-accomplishing parts of this effort and cost would be redundant and a waste of US government resources.

In addition, delays in the A-E project as a result of re-work would also result in similar delays in later contracting efforts

In conclusion, this market research is updated to reflect a sole source follow on purchase order, to a small business with FY 20 funding. This market research addresses that the 127th MSC will continue with the Design Process with Anderson Eckstein and Warwick. A 2579 will not be generated as the mandatory small business set aside for requirements with an estimated value under the SAT will not be broken (DFARS 219.2).

9. Other Facts: N/A

10. Interested Sources: To date, no other sources have written to express an interest.” The notices required by FAR 5.201 shall be published, and any bids or proposals received shall be considered.

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.

Signature:

Typed Name: Verene Goulette Date:

Title: Contracting Officer’s Representative, 127 CE

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: Verene Goulette Date:

Title: Contracting Officer’s Representative, 127 CE

13. Fair and Reasonable Cost Determination:

Price Fair and Reasonable IAW 15.404-1 (b) (v) and (vii) in comparison to the Independent Government Estimate and Cerf tied cost and pricing data or other than certified cost and pricing data provided by the offer or. The MCC for this project is $3,400,000.00. The pure design for this project is $200,769.59 which is less than the $204,000 6% limitation. Negotiations are documented on consolidated Price Objective Memorandum/Price Negotiation Memorandum signed by Contracting Officer in August 2019.

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Signature:

Based on the foregoing justification, I hereby approve the procurement of Type B AE Services for Bldg. 140 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

JEREMY STARRETT, USAF

Contracting Officer, 127th MSC