Synopsis/Intent to Sole Source - Type C Architect-Engineer Services for Repair Bldg. 51 Project

The 145th Mission Support Group Contracting office in Charlotte, NC intends to issue a written request for proposal and resulting firm-fixed price sole source award to Tetra Tech/Mead and Hunt Joint Venture (TTMHJV).  This sole source award will be for Type “C” services for construction contract administration for the Repair Bldg. 51 project.  Type “C” services include but are not limited to documenting and providing answers to contractor’s requests for information, submittal reviews, attendance and records at progress meetings, review of lab results, preparation of as-built drawings, and multiple site visits to inspect the building during construction.

This requirement is a follow-on award to TTMHJV. The requirement was previously negotiated and awarded via task order W50S87-20-F-5027.  That award included Type A and B services for the design of the Repair Bldg. 51 project. Type A services included the basis of design (specifically the design intent), the development of the project concept, and associated site investigations. The Type B services included the design narrative and the development of the construction documents.

Because TTMHJV designed and certified the drawings and specifications and is liable for the quality of their design, it is economical and efficient to award the Type C services as a sole source follow-on contract. There is tremendous performance and liability risk associated with another A-E firm taking over the Type C services for a project that was designed by a different firm. Having the original designer, TTMHJV, on contract to perform the construction phase services is necessary for the Government to ensure responsibility for their design, including ensuring the design is constructible, maintainable and operable, that the project documentation is clear, sufficiently detailed, accurate and coordinated, and contains minimal errors.

An award to a new A-E other than TTMHJV would 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 clause states that the “Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor”. However, if a new A-E were to make recommendations during the Type C services to revise or deviate from the original drawings or specifications, any liability resulting from those changes could not be attributed to the original A-E. This could potentially create a dangerous and complicated scenario if the Government needed to hold the responsible A-E party liable for any errors or deficiencies in the designs, drawings, and/or specifications.

This action is being taken using the authority of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.