Notice of Intent to Sole Source Architect/Engineering (A/E) Services to Perform a Code and Criteria Review on Design Documents by the Designer of Record

The National Guard United States Property & Fiscal Office for Puerto Rico Purchasing and Contracting Division (USPFO PR P&C) intends to negotiate on a noncompetitive contract under the authority of FAR 6.302-1(a)(2) “Only one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements”, for an upcoming requirement to perform a code and criteria review of plans and specifications produced for the Puerto Rico Army National Guard Project No. 431850 Engineering Housing Maintenance Shop (DPW) at Camp Santiago Joint Training Center (CSJTC) Salinas, Puerto Rico, USA.  The PRARNG USPFO PR P&C intends to award the contract to CH2M HILL-HDR JV, the Architect/Engineer firm that was awarded the task order to prepare the design plans and specifications and is the Designer of Record.  

There is tremendous performance and liability risk associated with another A-E firm taking over the code and criteria review services for a project that was designed by a different firm. Furthermore, 52.236-23 assigns liability to the Architect-Engineer Contractor and Designer of Record, and in the event of the A-E contractor being comprised of more than one legal entity, each entity is jointly and severally liable (52.236-23(d)).

Since there is a possibility of requiring an update to the plans and specifications due to changes to local, federal, and military codes and regulations, such changes to the design are required to be performed by the A-E Contractor and Designer of Record to maintain professional A-E responsibility over the design documents.

Due to CH2M HILL-HDR JV intimate working knowledge of the design and as the current Architect-Engineer Firm responsible for the design as the Designer of Record, CH2M HILL-HDR JV is considered the best company that can deliver the desired expertise without resulting in substantial duplication of costs to the Government that is not expected to be recovered through competition, nor jeopardize the Government’s ability and capacity to hold the Designer of Record for accountable errors or deficiencies 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 notice of intent is neither a formal solicitation nor a request for competitive proposals, nor a request for architect-engineer qualifications. *** No solicitation document is available, and telephone requests will not be honored. No award will be made based on unsolicited quotations or offers received in response to this notice. Any response to this notice must show clear, compelling, and convincing evidence that competition will be advantageous to the Government. The intent of this synopsis is for informational purposes only.***

Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination by the Government not to compete this action based on this notice is solely within the discretion of the Government. 

The Government anticipates the award of a firm-fixed-price contract. A determination by the Government whether to compete this proposed requirement based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competition. 

***This notice of intent to award a sole source contract IS NOT a request for competitive quotes. There will be no solicitation available for competitive quotes. Phone calls will not be accepted. This notice of intent is not a request for quotations or offers. ***

All Interested parties who are responsible, certified, and capable may express their interest by providing a capabilities statement date for expiration of this notice. The point of contact for this action is USPFO PR P&C Contracting Officer(s):

LTC Carlos M. Rivera McDermott: carlos.m.riveramcdermott.mil@army.mil 
MAJ Rolando Perez: rolando.perez.9@us.af.mil 
CPT Argenies Gonzalez: argenies.e.gonzalezgarcia.mil@army.mil