Final Revised JA - 22C3205 (Fully Signed).pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A 01 N62473-22-C-3205

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Systems Command, Southwest (NAVFAC SW), Naval Support Activity Monterey (NSAM), California.

2. Description of Action Being Approved: Request authority to limit competition and award a contract, Contract N62473-22-C-3205, pursuant to the authority of 10 U.S.C.3204(a)(2), as implemented by the Federal Acquisition Regulation (FAR) Part 6.302-2 “Unusual and Compelling Urgency.” Request to award a firm fixed-price contract to Mountain Methods, Inc.

Mountain Methods, Inc.

CAGE Code: 5CSL6

UXRAACNCDZ33

17735 Saddle Dr.

Tuolumne, Ca 95379

3. Description of Supplies/Services: Contract N62473-22-C-3205 encompasses asphalt removal/replacement, bollard replacement, replacement of curbing, changes to parking area striping and additional stalls, signage, painting of road markings, traffic lines, and curbs at Naval Support Activity Monterey (NSAM). The duration of this action is anticipated to be 180 calendar days from date of award. The procurement has a total combined estimated value of $243,000.

4. Statutory Authority Permitting Other Than Full and Open Competition: The proposed action will be conducted pursuant to the authority of 10 U.S.C. 3204(a)(2), as implemented by the Federal Acquisition Regulation (FAR) Part 6.302-2 “Unusual and Compelling Urgency.”

5. Rationale Justifying Use of Cited Statutory Authority: Due to an oversight, a sole source contract was awarded to a HUBZone contractor, Mountain Methods, Inc., without prior approval of this J&A, but based on unusual and compelling circumstances.. Full and open competition could not be provided due to the approaching end of year deadline, and the need for project continuity. Mountain Methods, Inc. was previously awarded Part I of the Cafe Del Monte Companion project, and Contract N62473-22-C-3205 is a follow-on effort. The contractor is well versed in the effort and complexities that come with working in the high-traffic central plaza area of campus, and it was crucial that the efforts of Part II continued without delay. Providing fair opportunity via the competitive contracting process would result in unacceptable delays resulting from time to develop the request for proposal, solicit proposals, evaluate the proposals, and document the award before the contractor could mobilize. It is estimated it would take a minimum of six (6) months for the procurement process and several more weeks for mobilization. Time is of the essence to complete this project. Until the repairs are completed, the parking lot and adjacent roadway are not fully operational. The repairs to the parking lot and adjacent roadway are necessary for NSAM to be fully mission capable. Competing this requirement would have resulted in higher costs to the Government, safety risks, and serious injury to the Government. . Award to Mountain Methods, Inc. was in the best interest of the Government as Mountain Methods, Inc was already mobilized, and familiar with the intent, scope requirements, and overall expectations of the Government. . . Additionally, award of this contract was published on the SAM.gov website on August 16 2022; no protests were received.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: Market research via DSBS website was conducted in support of this requirement. In accordance with FAR 19.203(c), first consideration was given to 8(a) Certified Small Business, Historically Underutilized Business Zone (HUBZone), Small Disadvantaged Business (SDB), Service- Disabled Veteran Owned Small Business (SDVO), and Woman-Owned Small Business (WOSB). Out of the various unique firms, several small businesses were identified as potentially capable to perform the work, as shown through their respective past performance histories. Due to the urgency to award this project prior to end of year and the need for project continuity, as described in Paragraph 5, no other sources were contacted.

The action covered by this J&A meets an exception to the synopsis requirements per FAR Part

5.202 (a)(4). The approved J&A will be released in accordance with FAR 6.305 (b).

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the cost to the Government for the services covered by this J&A to be fair and reasonable. In accordance with FAR 15.403, Certified Cost and Pricing Data is not required.

8. Actions Taken to Remove Barriers to Competition: This proposed contract is a one-time procurement with no follow on procurements anticipated.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS/FUNCTIONAL LEAD 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.

Technical Cognizance:

Signature Name (Printed) Date

Requirements Cognizance:

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.

Upon the basis of the above justification, I hereby approve, as Supervisory Contract Specialist, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.3204(a)(2), as implemented by FAR Part 6.302-2 “Unusual and Compelling Urgency.”