Approved Exception to Fair Opportunity_043025_Redacted.pdf

Justification for an Exception to Fair Opportunity

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

October 2023

1. AGENCY AND CONTRACTING ACTIVITY: This is a Justification and Approval for an Exception to the Fair Opportunity Process. The requiring activity is for the Public Works Department; the contracting activity is the Naval Facilities Engineering Systems Command Southwest (NAVFAC SW), Facilities Engineering and Acquisition Division (FEAD) San Diego.

2. DESCRIPTION OF CONTRACT ACTION:

New Requirement Follow-on Order

Existing Order Number:

Order against: Multiple Award ID/IQ Contract Number:

N62473-20-D-1010

Pricing Firm-Fixed Price Time & Materials Cost Type

Funds: Other Funds:

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to issue a sole source task order under the Multiple Award Construction Contract (MACC) N62473-20-D-1010 to Teehee Engineering, Inc. (Teehee) (Cage Code: 3ENP4) without affording fair opportunity to other MACC awardees pursuant to the authority identified in Section 4 of this Justification and Approval (J&A). The proposed acquisition is to acquire emergency construction services for stabilizing building 152 due to a bowstring truss failure.

The scope for the emergency construction services to stabilize building 152 includes, but is not limited to, emergency shorting of existing trusses, remove and reinstall existing systems furniture, removal of ceiling tiles to perform a structural assessment of the whole building, remove materials to expose the 16 support columns, and removal and re-installation of ceiling fans and lights.

The estimated dollar value will be set at and limited to based on the Rough Order magnitude (ROM), which utilizes historical data, and input from Government subject matter experts. The performance period to complete the required work will be 90 days. The task order will be funded by

4. AUTHORITY AND DEMONSTRATION THAT NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED: The statutory authority is 10 United States Code (U.S.C.) Section 3406(c)(1), as implemented by FAR 16.505(b)(2). The Contracting Officer shall give every awardee a fair opopportunity to be considered for a delivery/task order exceeding the micro-purchase threshold, unless one of the following statutory exceptions applies:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

The order-must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order[FAR 16.505(b)(2)(i)(C)];

It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)]; or

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that purchase-be made from a specified source [FAR 16.505(b)(2)(i)(E)]

Rationale/explanation to support cited authority: Acquisition of the emergency construction services under this MACC as a Sole-Source Task Order is necessary to provide structural stability to building 152 after the April 14, 2025 earthquake that shook the San Diego Metro area. The building provides over 40,000 square feet of office space that is vital to our Warfigher’s mission readiness. In addition, the structural damage needs to be further investigated after furniture, fixtures, and finishes are removed to expose the internal beams and supports of the building.

The acquisitions of these construction service requires immediate action and the use of traditional acquisition methods is not feasible because the Government would incur unacceptable delays. This proposed contract action is necessary for the Public Works Department to obtain the required construction services as an emergency and must be accomplished without unnecessary delays in order to protect the structural stability of the building ensuring no further damage to the building takes place, and the life and safety of the Government personnel and users of the Government building for their everyday work, and who work around building 152.

Pursuant to the authority of 10 U.S.C. Section 3406(c)(1), as implemented by FAR 16.505(b)(2)(i)(A). Exceptions to the fair opportunity process, this J&A requests the authority to award a Sole-Source Task Order to Teehee without affording fair opportunity to other MACC awardees because the need for the required services is so urgent that providing fair opportunity procedures would result in unacceptable delays. Teehee is currently onsite performing construction work within the San Diego Metro area, and they are capable of performing the emergency work within the required time. Teehee has performed and is performing successfully on other construction contracts with a similar scope of work.

5. FAIR AND REASONABLE COST DETERMINATION: The Contracting Officer has determined the anticipated cost to the Government of the services and supplies covered by this justification will be fair and reasonable.

6. ANY OTHER FACT SUPPORTING THE JUSTIFICATION: In accordance with FAR 5.202(a)(6), a notice of the proposed acquisition will not be published because of the extreme urgency of this contract action as noted above and the Government would incur unacceptable delays if the Government complies with the competitive procedures to solicit to all MACC awardees, and adheres to the time periods and other procedural requirements specified for soliciting the required work in accordance with FAR 5.203 – Publicizing and Response Time.

7. ACTIONS TO INCREASE COMPETITION: The contract action is a one-time, sole-source procurement for emergency construction services that are necessary to prevent further damage of the building, and the safety of Government personnel. If NAVFAC SW determines that a follow on task order is required, a competitive solicitation will be issued to meet the need of BLDG 152’s damage from the earthquake.

8. TECHNICAL/REQUIREMENTS/FUNCTIONAL LEAD CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification is complete and accurate to the best of my knowledge and belief.

Signature:

Name/Title

9. LEGAL SUFFICIENCY REVIEW

I have reviewed and determined this Justification is legally sufficient.

10. CONTRACTING OFFICER CERTIFICATION

Upon the basis of the above justification, I hereby approve the Exception to Fair Opportunity for the proposed procurement(s) described herein using pursuant to the 10 U.S.C. Section 3406(c), as implemented by FAR 16.505(b)(2).