CB-22-0010_Redacted.pdf

IN REPLY REFER TO:

CB-22-0010

03 February 2022

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS COMMAND

3000 MARINE CORPS PENTAGON

WASHINGTON, DC 20350-3000

JUSTIFICATION AND APPROVAL FOR USE OF

OTHER THAN FULL AND OPEN COMPETITION

1) Contracting Activity

The Contracting Activity is the Marine Corps Installations Command (MCICOM) Headquarters (HQ) located in Arlington, VA.

2) Description of the Action Being Approved

The action being approved is a modification to Contract M95494-21-F-0002 to add emerging requirements to support environmental planning for the Commandant of the Marine Corps’ Force Design (FD) initiative.

3) Description of the Supplies/Services

MCICOM GF-Environmental Management (GF-EV), Environmental Management Program (EMP) supports all USMC installations, regions, and commands world-wide, including those hosted by other countries/nations around the globe, in accordance with Marine Corps Order (MCO) 5090.2, Marine Corps Environmental Compliance and Protection Program. The USMC EMP is responsible for environmental stewardship for approximately 2.4 million acres of land, across 24 installations/bases/stations/depots, and supporting active duty and reserve marines and civilians to meet the USMC mission. Performance under competitively awarded Contract M95494-21-F-0002 with contractor AECOM Technical Services, Inc.

(AECOM) began on 11 January 2021.

During the course of performance, GF identified an emerging requirement to support environmental planning for the Commandant of the Marine Corps’ (CMC) FD initiative. The intent of these additional efforts is to provide environmental planning support to MCICOM GF-EV to oversee and coordinate proposed FD initiative projects and ensure compliance with applicable environmental laws and regulations. The FD initiative includes several components over the next 1 to 5 years, accompanied by various deadlines for Hawaii, Guam, West Coast, East Coast, and overseas. The additional support is not covered under the current scope of the contract. The proposed changes would take effect immediately and extend through the remaining option periods under the contract, which ends on 10 January 2026, if all options are exercised.

Operation & Maintenance Marine Corps (OMMC) funds will be used for this requirement.

4) Statutory Authority Permitting Other Than Full and Open Competition

FAR 6.302-1(a), Only one responsible source and no other supplies or services will satisfy agency requirements. Authority 10 U.S.C. 2304(c)(1).

5) Rationale Justifying Use of Cited Statutory Authority

The National Environmental Policy Act (NEPA) requires that Federal agencies consider and document environmental impacts of proposed major Federal actions in the U.S. and its territories (i.e., environmental planning). Compliance with other environmental laws such as the Endangered Species Act (ESA), Marine Mammals Protection Act (MMPA), and National Historic Preservation Act (NHPA) is typically required within the NEPA process. The CMC has established an ambitious schedule for realigning forces and operations across the Marine Corps FD that will require NEPA analysis starting immediately. Components of Hawaii’s additional NEPA analysis are expected to be completed as soon as the end of February 2022.

Information gained from Hawaii’s analysis will be applied to operations on Guam, West Coast, East Coast, and overseas.

AECOM is uniquely positioned to perform this work and meet the CMC’s timelines due to their experience supporting similar Marine Corps environmental programs over the last six years and knowledge of unique Marine Corps environmental planning requirements. The Government estimates that it would take an additional 5 to 7 months for a new vendor to be indoctrinated into both historical and current environmental planning issues and Marine Corps-unique mission requirements. As several deadlines, critical to the Marine Corps’ mission, are already in jeopardy, the aforementioned estimated new vendor indoctrination time would be detrimental to a timely mission completion. AECOM also has offices across the United States that are beneficial in providing unique, local perspectives and capabilities for this effort that will impact the Marine Corps’ mission in Hawaii, Guam, West Coast, East Coast, and overseas. Competing and awarding this scope of work to another vendor would result in unacceptable delays and inefficiencies in fulfilling the Marine Corps’ requirements and jeopardize the Marine Corps ability to implement the CMC’s FD plan within established deadlines. This could delay construction of facilities, movement of forces, and implementation of new weapons systems and changes to training/missions related to FD.

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

A Sources Sought Notice was posted on SAM.gov on 14 January 2022, with a closing date of 20 January 2022. A total of nine (9) responses were received, with all but two (2) being from small businesses (1 HUBZone, 3 Small-Disadvantaged Veteran-Owned Small Businesses, 1 Alaska Native-Owned Small-Disadvantaged and 2 small businesses) expressing interest in this requirement. All responses were reviewed by MCICOM GF-EV, who determined that none of the respondents were capable of performing the requirement in its entirety.

Specifically, seven (7) of the nine (9) responses demonstrated little to no experience with NEPA reviews. Two (2) of the nine (9) responses (AGEISS and Mabbett & Associates) have some NEPA experience, but primarily with projects that have limited relevancy to the USMC’s requirements. Mabbett & Associates previously supported a Missile Defense Agency NEPA contract, which is relevant to the new Force Design weapon systems;

however, the lack of USMC experience with in-water/littoral operations was a significant issue. Based on the information provided, the Technical Evaluators recommended that none of the nine (9) responses demonstrated that they are capable of supporting the Force Design NEPA task (see the contract file for market research information).

7) Determination of Fair and Reasonable Cost

The Contracting Officer will determine that the cost to the Government of the services covered by this Justification are fair and reasonable prior to the award of this modification.

The fair and reasonableness of prices will be based on an analysis of the contractor’s price proposal and comparison to the independent government cost estimate. It is anticipated this analysis will be conducted using experienced technical representative(s), a contract specialist, and field pricing support, as needed.

8) Actions to Remove Barriers to Future Competition

MCICOM will include the requirement for environmental planning for the Commandant of the Marine Corps’ Force Design initiative in the future competition for the follow-on contract.

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.

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using brand name or equal descriptions or proprietary specifications and standards.

Signature Name (Printed) Phone No. Date