Albany Bridge JA-Redacted_Redacted Final.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A Number N69450-21-0345

Source Selection Information – FAR 2.101 and 3.104

J&A Number: N69450-21-0345 Contract Number: N40085-15-D-7738

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. The contracting activity is the Naval Facilities Engineering Systems Command Southeast (NAVFAC SE).

2. Description of the Action Being Approved. The action being approved under this justification and approval (J&A) is a modification to extend current contract N40085-15-D-7738 for a total of eight months (two-month base period plus one six-month option period) in accordance with Federal Acquisition Regulation (FAR) 52.217-8, Option to Extend Services. This is a facilities support indefinite-quantity contract for Maintenance Center Equipment Services at Marine Corps Logistics Base (MCLB) Albany, GA. The contractor is Pegasus Support Services, LLC, 100 Stoneforest Dr., Suite 100, Woodstock, GA 30189.

3. Description of Supplies/Services. The services to be performed include all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to effectively execute Sub-annex 1502000 Facility Investment (including maintenance, repair, alteration, and minor construction for Production Equipment and Associated Building Systems) at the MCLB Albany Maintenance Center.

The current contract expires on 30 April 2021. Approval is requested to negotiate a modification to extend performance under the current contract for a maximum period of performance of eight months (two-month base period plus one six-month option period). This is a contract bridge request to prevent a gap in Maintenance Center Equipment Services at MCLB Albany due to delays in the award of the follow-on procurement. The maximum period of performance for this action is 1 May 2021 through 31 December 2021.

Estimated Dollar Value: , as follows:

Period of Performance Recurring Non-Recurring Total

Base Period 1 May 2021 – 30 Jun 2021

Option Period 1 1 Jul 2021 – 31 Dec 2021

Total

This contract action will be funded by the following types of Fiscal Year 2021 funds: Defense Working Capital Funds.

4. Statutory Authority Permitting Other Than Full and Open Competition. This acquisition will be negotiated pursuant to 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Service Will Satisfy Requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority. The incumbent contractor is the only available source to temporarily continue performance of the specialized facilities support services under Contract N40085-15-D-7738 without a substantial duplication of costs to the government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements. The current contract was competitively awarded with a one year base period and four one year option periods. The fourth and final option period expires 30 April 2021. Market research for the competitive follow-on procurement began with the issuance of a sources sought notice posted on 6 August 2020. The solicitation for the follow-on contract was issued on 14 January 2021. Proposals were received on 18 February 2021 and an evaluation was conducted. The Plan of Action and Milestones (POA&M) projected that this would provide sufficient time for the contract to be awarded by 1 April 2021, which would allow the successful offeror time to complete a 30 day phase-in period before the planned performance start date of 1 May 2021. However, on 7 April 2021, NAVFAC Mid-Atlantic notified NAVFAC SE about an unexpected delay in conducting discussions to obtain the best value on the follow-on procurement. Based on current projections, the award date for the follow-on action is in early May 2021, which would allow for size challenges, timely enhanced debriefing, and the required 30-day phase-in period. As a result, a bridge action is required to prevent a gap in services when the current contract expires on 30 April 2021.

It is critical to the mission of MCLB Albany that services under this contract be maintained until the follow-on contract can be awarded. All required Maintenance Center Equipment Services to be performed under the authority requested by this J&A are critical requirements which the Marine Corps need to continue its mission. The incumbent contractor, Pegasus Support Services, LLC, is presently the only known company that can meet the urgent delivery schedule without interruption until the follow-on acquisition can be awarded. Pegasus Support Services, LLC is mobilized on site and possesses the manpower and skill levels to continue performance without a learning curve, a break in service, or any additional phase-in/mobilization requirements. Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition, and also on unacceptable delays in fulfilling the agency’s critical requirements.

The Government would not be able to recoup duplicated costs associated with start-up including mobilization, employee badges and security clearances, uniforms, hiring key personnel and subcontractors, inventory accounting and all other associated start-up costs if a new contract were to be competed. Essential facilities support services would be delayed.

A total of eight months is requested for this bridge action, from 1 May 2021 through 31 December 2021. This includes a two-month base period and a six-month option period. This estimate is based on the follow-on acquisition’s currently projected POA&M dates. Extending the existing contract for a period of two months, with the potential for one additional six-month option period, will allow for minimization of impact to critical base operations support services until the competitive follow-on contract can be awarded. This two-month base period allows time for the agency to finish evaluating proposals, conduct discussions then receive and evaluate Final Proposal Revisions, make a best value decision, finalize all required pre-award documentation, issue the notices required by FAR 19.302 for Small Business set-asides, request and receive funding, and provide for the required 30 day mobilization and phase-in transition period before anticipated performance start on 1 July 2021. The six-month option period is included to provide services in the case of an offeror filing a post-award protest with the Government Accountability Office (GAO) against the follow-on contract award and time for GAO to issue a protest decision, request and receive funding, and for the required 30 day phase-in and transition period. Per Federal Acquisition Regulation (FAR) 33.104(f), GAO has 100 days from the filing of a post-award protest to issue a recommendation. If a protest is received, timely performance start on 1 July 202 would not be feasible and the bridge option would be required to prevent a gap in services. The estimated delay is unacceptable because it represents a gap in contractual coverage and mission essential services.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Upon approval of this J&A, the proposed action will be synopsized on the Government wide Point of Entry (GPE) as a sole source extension of contract N40085-15-D-7738 to Pegasus Support Services, LLC.

In accordance with FAR 6.302-1(iii) (A) substantial duplication of costs to the government that is not expected to be recovered through competition; and (B) unacceptable delays in fulfilling the agency’s requirements, the services are deemed available from only one responsible source. The current contractor is the only source practicable under the exigent circumstances.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government for services covered by this J&A will be fair and reasonable. In accordance with FAR 52.217-8, performance will be at the rates specified in the competitively awarded contract, adjusted only as a result of revisions to the prevailing labor rates provided by the Secretary of Labor. In addition, the Government will use the competitive pricing established in the current contract, the Independent Government Estimate, or historical data as appropriate to negotiate a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition. The follow-on competitive acquisition has been solicited as a total small business set-aside. The command will take all reasonable measures to proceed with award of the follow-on contract as expeditiously as possible to prevent any additional bridge contract actions. There are currently no further actions required to remove barriers to future competition.

CERTIFICATIONS AND APPROVAL

TECHNICAL/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.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

ECHELON IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

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

ECHELON IV COMMANDING OFFICER APPROVAL (NFAS 6.304)

Upon the basis of the above justification, I hereby approve, as the Echelon IV Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(1) Only One Responsible Source.