21D0015 Annex 1 JA ML-26-05 Bridge AST UST FINAL All Sigs.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-26-05

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT), Naval Station Newport, Newport, Rhode Island.

2. Description of the Action Being Approved.

Award of a twelve-month extension to MASS Tank Inspection Services, LLC for Contract N4008521D0015, Facility Investment Services for the Maintenance and Repair of Aboveground Storage (AST) and Underground Storage Tanks (UST) at the Naval Station Newport, Naval Undersea Warfare Center (NUWC), Newport, Rhode Island and Other Areas of Responsibility.

3. Description of Supplies/Services.

The contractor shall provide all labor, management, supervision, tools, material, and transportation required to provide Above Ground and Underground Storage Tank Maintenance for Naval Station Newport (NAVSTA Newport), Newport, Rhode Island. The bridge action will be effective from 30 December 2025 through and including 29 December 2026 with an estimated value of $691,397.35 ($372,367.35 recurring services, $319,030.00 non-recurring services). The bridge will be funded using FY26 Operations and Maintenance (O&M) funding.

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

10 U.S.C. 3204(a)(2); FAR 6.302-2, Unusual and compelling urgency. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C. 3204(a)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency. The agency’s need for these services is of such an unusual and compelling urgency that the Government’s mission would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.202(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority.

The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for uninterrupted Above Ground and Underground Storage Tank Maintenance for Naval Station Newport (NAVSTA Newport), Newport, Rhode Island. The request for the bridge is required because of delays in receiving the specification package and the government shutdown. The specification package was not received until 24 July 2025. In addition, pre-award work for these services was not authorized to continue during the government shutdown since these services were not identified as excepted. Without a bridge action to continue services, there is insufficient time to complete the source selection process and award a new contract with the required 60-day phase-in/transition period before the contract expires on 29 December 2025.

Continuing Above Ground and Underground Storage Tank Maintenance is mission critical, as it provides the environmental management and servicing of the base wide above ground and underground storage tanks. The failure to provide the preventative, routine, and emergency maintenance identified herein could result in major environmental noncompliance/hazards, loss of generator support for mission-critical facilities & utilities, and loss of heating support during the New England winter season. Uninterrupted maintenance of the installation’s AST/UST infrastructure is critical to the plethora of no-fail missions onboard Naval Station Newport, such as Officer Training Command & Naval Undersea Warfare Center, in addition to the quality of life of over 14,000 personnel and their families.

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

Due to the urgent need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. The incumbent is currently mobilized at the site, is intimately familiar with the work to be performed, and is performing satisfactorily. Reliance on the incumbent is in the government’s interest, as it will allow for greater efficiencies in pricing and performance of the work, and such efficiencies are not likely to be otherwise experienced in a competitive environment for a shortened term such as this. The subject action will only bridge the gap until that competed contract can be awarded.

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.

8. Actions to Remove Barriers to Future Competition.

This is a one-time exception to full and open competition, which is dictated by the exigent circumstances. It is anticipated that the follow-on contract will be awarded competitively and set-aside will be in alignment with the market research findings.

CERTIFICATIONS AND APPROVAL

TECHNICAL REQUIREMENTS CERTIFICATION

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

LT Marrcel Smith Date Facilities Support Contract (FSC) Branch Head NAVFAC Mid-Atlantic, PWD Newport

LEGAL SUFFICIENCY REVIEW

I have determined the Justification is legally sufficient.

David Nimmich Date Command Counsel NAVFAC Mid-Atlantic

CONTRACTING OFFICER CERTIFICATION

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

Whitney Walker Date Supervisor Contract Specialist NAVFAC Mid-Atlantic

ECHELON IV CHIEF OF THE CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve, as Echelon IV Chief of the Contracting Office, the proposed modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(2).

Date Kimberly Kahler Chief of the Contracting Office NAVFAC Mid-Atlantic

WALKER.WHITNEY.LYNN.122956678

Digitally signed by

WALKER.WHITNEY.LYNN.1229566780

Date: 2025.12.18 15:28:27 -05'00'

SMITH.MARRCEL.ANTHONY.15

37484205

Digitally signed by

SMITH.MARRCEL.ANTHONY.1537484205

Date: 2025.12.18 15:53:26 -05'00'

NIMMICH.DAVID.L.1239529867 Digitally signed by NIMMICH.DAVID.L.1239529867 Date: 2025.12.19 10:44:54 -05'00'