18D5801P00007jandared.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

5 June 2020 J&A No. 20-29-3

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Command Southwest (NAVFAC SW), San Diego, California.

2. Description of the Action being Approved.

Request approval to increase the not-to-exceed (NTE) value of the Unrestricted Single Award Multi-Disciplinary Architect-Engineer (A-E), Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) Contract No. N62473-18-D-5801 awarded to Jacobs Ewingcole a Joint Venture (Jacobs) by $52,000,000 from $178,000,000 to $230,000,000. This action will increase the maximum value of the contract to allow award of new task orders and provide contingency reserve for upward movement during negotiations and potential unforeseen modifications that may be required under new and existing task orders in support of NAVFAC SW and the Naval Air Weapons Station, China Lake (NAWSCL) Earthquake Recovery effort. A previous J&A (20-10-01) to increase the NTE value on Contract No. N62473-18-D-5801 by $79,000,000 from $99,000,000 to $178,000,000 was approved on 18 February 2020 but did not include additional needed capacity for China Lake Earthquake MILCON Post Award Design Support (PADS) and Post Construction Award Support (PCAS) workload.

3. Description of Supplies/Services.

Contract No. N62473-18-D-5801 provides for Multi-Disciplinary A-E services for large projects under the military construction (MILCON) program at various military installations located in the NAVFAC SW Area of Responsibility, which includes California, Arizona, Nevada, Colorado, New Mexico, and Utah within North American Industry Classification Systems (NAICS) Code 541310 with a task order range of $300,000 to $10,000,000. It was competed using full and open competition pursuant to 40 U.S.C. 1101, Selection of Architect and Engineers, as implemented by FAR 36.6. Award was made to Jacobs on 21 November 2017 with one (1) base period and four (4) twelve-month option periods and provides a NTE value of $99,000,000. This requested action will not increase the duration of the contract. Rather, the original contract completion date, inclusive of all option years, is November 20, 2022, and will remain the same.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. Section 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

J&A No. 20-29-3

5. Rationale Justifying Use of Cited Statutory Authority.

China Lake experienced a 6.4 magnitude earthquake on 4 July 2019 followed by a 7.1 magnitude earthquake on 5 July 2019 with aftershocks still occurring. On 8 July 2019, President Trump issued an emergency declaration for the State of California resulting from these earthquakes.

Significant damage to installation and tenant command facilities and equipment aboard NAWSCL occurred. Post-earthquake facility assessments commenced shortly thereafter and revealed that a vast number of the installation’s facilities were significantly damaged by the earthquakes, necessitating replacement or repair. Congress appropriated $2.3 Billion for 18 MILCON projects for earthquake recovery on 20 December 2020 and the majority of this work is being planned for Fiscal Year (FY) 2020 design/build (DB) construction awards to restore NAWSCL to full mission capability.

This tight FY20 timeline requires the use of existing A-E IDIQ contracts for preparation of DB Request for Proposal (RFP) packages, since the procurement cycle for a new A-E IDIQ contract is between 12 and 18 months. The ability to quickly award task orders to our A-E firms to produce DB RFPs will enable FY20 and FY21 awards, and accelerate the base’s return to being fully mission capable to carry out military operations.

NAVFAC SW requests $52,000,000 in increased capacity for the Jacobs A-E IDIQ contract in order to replace the capacity of the A-E services that have already been expended and will be expended for the China Lake earthquake recovery efforts, to be available for NAVFAC SW MILCON workload until a replacement contract is in place. This request is not a result of a lack of acquisition planning. This situation arose because of the unexpected workload increase due to earthquakes that occurred at NAWSCL.

In addition, NAWSCL is still experiencing numerous earthquake aftershocks, with the largest so far being a 5.0 magnitude, which caused additional damage that may increase costs. These aftershocks continue to cause additional damage, so it is extremely likely that the rate of unforeseen conditions and changes will be much higher than normal. Therefore, this J&A also seeks approval to add capacity for a contingency of approximately 25% due to the emergent nature of the work, and the additional damage that is due to aftershocks or due to additional damage that was not discovered during the initial assessment of each facility. The estimated cost of the PADS/PCAS effort is approximately $41,000,000. With a contingency rate of 25% on this earthquake work, $11,000,000 is added, for a total request of $52,000,000.

Because this action will not increase the duration of the contract ordering period and will not be used to “bridge” the time between the end of one contract and the beginning of another related contract, the action requested in this J&A does not constitute a “bridge contract action” under NFAS 6.303-1-100 or 6.304-101

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Synopsis of the proposed modifications will not be published to the beta.SAM.GOV Contract Opportunities website due to applicable exception under FAR 5.202(a)(2). No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Jacobs to provide the required services. In accordance with FAR 6.305, the approved J&A will be posted on beta.SAM.GOV within thirty (30) days after award of the contract modifications.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable utilizing FAR Part 15 procedures. Task orders and modifications will be negotiated with Jacobs using the negotiated hourly rates for the appropriate option period, as established in the basic contract.

8. Actions to Remove Barriers to Future Competition.

NAVFAC SW will be competing a follow-on A-E IDIQ Multi-Disciplinary Contract to be used for future requirements. award is planned for 1st quarter of Fiscal Year 2022. The convergence of more rigors in the Facilities Engineering Command review and validation, significant natural disasters, and unexpected workload increases resulted in the A-E IDIQ with Jacobs to be depleted prematurely by NAVFAC SW. In the future, NAVFAC SW will account for potential natural disasters and program changes by including additional capacity for unplanned work.

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CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Phone No. Date

CI Business Lead

NAVFAC SW

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date

Associate Counsel

NAVFAC SW

CONTRACTING OFFICER CERTIFICATION

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

Phone No. Date

Contracting Officer

NAVFAC SW

ECHELON IV CHIEF OF CONTRACTING OFFICE CERTIFICATION

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

Phone No. Date

Chief of Contracting Office

NAVFAC SW

ECHELON III CHIEF OF CONTRACTING OFFICE CERTIFICATION

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

Phone No. Date

Chief of Contracting Office NAVFAC Pacific

-10'00'

ASSISTANT COMMANDER FOR ACQUISITION APPROVAL

Upon the basis of the above Justification, I hereby approve the proposed contract modifications described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(2).

Phone No. Date

Assistant Commander for Acquisition

NAVFAC