N40192-20-D-9000_Grounds JA Typhoon Mawar_signed.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND MARIANAS

PSC 455, BOX 195

FPO AP 96540-2937

“KNOW SAFETY, NO MISHAPS!”

ANNEX 1 - JUSTIFICATION AND APPROVAL

J&A No. FSC2417-DJM

(CLASS) JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Facilities Support Contracts, FEAD Naval Facilities Engineering Systems Command Marianas

2. Description of the Action Being Approved.

The Facilities Support Contracts, FEAD, based out of Naval Base Guam NAVFAC Marianas seeks to increase the maximum contract value for the Grounds Maintenance Contract# N40192-20-D-9000, CLIN 0001 – CLIN 0010, by $15,000,000.00 from $48,494,710.88 for an overall maximum contract value of $63,494,710.88. This request is based on the urgent and compelling need resulting from a recent natural disaster, Typhoon Mawar that has significantly impacted Guam. The increase in maximum contract value is necessary to increase IDIQ capacity and order additional IDIQ services for the Typhoon Mawar response and recovery operations under the subject Grounds Maintenance Contract# N40192-20-D-9000.

3. Description of Supplies/Services.

The contract was awarded to Pacific Federal Management, Inc. on 16 November 2019 for an estimated amount of $9,093,632.61, with a maximum contract value of $48,494,710.88. This is a Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Grounds Maintenance and Tree Trimming Services for Various Military Installations, Guam, M.I. The contract consists of a base period with a provision for four (4) option periods.

Contract is a performance-based acquisition for the contractor to provide all labor, management, supervision, tools, material, and equipment required to perform Grounds Maintenance Services described in the Performance Work Statement (PWS) under the cognizance of the Naval Facilities Engineering Systems Command (NAVFAC) Marianas.

The proposed task orders will execute new requirements for vegetation cleanup and removal necessitated by Typhoon Mawar. Such services are required to address safety hazards presented by vegetative debris and allow proper access to facilities. The Government will have a more thorough understanding of the requirements through the defining of task order scopes of work. Increasing the capacity on the existing grounds contract allows for immediate mobilization and addressing of typhoon damaged vegetation with local workforce, materials and equipment. The Agency’s need for these services is of such and unusual and compelling urgency that the Government would be seriously injured unless the Agency is permitted to exceed the contract maximum value to an entity with immediate capability.

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

10 U.S.C. 3204(a)(2), Unusual and compelling urgency.

42 U.S.C. 5121, Local Area Preference.

5. Rationale Justifying Use of Cited Statutory Authority.

Unusual and Compelling Urgency: The recent natural disaster, Typhoon Mawar, which devastated Guam from 23 – 24 May 2023, has resulted in widespread destruction and critical infrastructure damage. The Presidential Declaration of a Major Disaster for the Territory of Guam, Disaster Declaration #17949 and #17950; GUAM Disaster Number GU–00009, was issued on 28 May 2023. The impact of this disaster has overwhelmed the existing resources and capabilities of the region to adequately respond and recover without additional support. The urgency to address the

JUSTIFICATION AND APPROVAL - J&A No. FSC2417-DJM immediate needs of the affected population necessitates swift action to increase the maximum contract value for the Grounds Maintenance Contract# N40192-20-D-9000, CLIN 0001 – CLIN 0010, by $15,000,000.00 from $48,494,710.88 for an overall maximum contract value of $63,494,710.88.

Enhanced Response and Recovery Efforts: Increasing the maximum contract value will allow the NBG FEAD FSC office to quickly and efficiently procure additional IDIQ Grounds Maintenance services required for disaster response and recovery operations. By expanding the IDIQ capacity, we will be able to swiftly engage Pacific Federal Management, Inc., a qualified contractor who possess the necessary expertise, resources, and capabilities to aid in the recovery efforts. This will enhance our ability to provide timely and effective assistance to Guam, minimizing the negative impacts of the disaster on the local population.

Existing Contractual Arrangements Insufficient: The current maximum contract value and IDIQ capacity under the existing contract is insufficient to meet the increased demands resulting from Typhoon Mawar. The magnitude and severity of the disaster have exceeded the estimated requirements outlined in the initial basic contract award.

Consequently, our ability to meet the evolving needs of the disaster-affected region is compromised. Increasing the maximum contract value and IDIQ capacity is necessary to ensure that critical resources are available in a timely manner to support the response and recovery operations.

Streamlined Acquisition Process: Expanding the IDIQ capacity will allow us to streamline the acquisition process and avoid delays associated with initiating new contract awards. By leveraging an existing contract within the NBG FEAD FSC office, we can expedite the procurement of Grounds Maintenance services, benefiting from an established contract vehicle, streamlined negotiations, and reduced administrative burden. This will enable us to respond rapidly to the needs of the disaster-affected region, facilitating a more efficient and effective disaster response & recovery effort, while giving local area preference when awarding emergency response contracts during the term of a major disaster or emergency declaration, per 42 U.S.C. 5121.

6. Description of E orts Made to Solicit O ers from as Many O erors as Practicable.

As indicated above, the Government intends to execute urgent vegetative debris clearing and removal through the proposed task orders with this increase to the IDIQ capacity. The basic requirement was solicited to Historically Underutilized Business Zone (HUBZone) small business concerns and was awarded to Pacific Federal Management, Inc. as it represented the best value to the government and met the HUBZone small business set aside procurement under full and open competition. NAVFAC Marianas will take appropriate actions that promote competition and small business goals that are in the best interests of the agency, stakeholders, and expenditure of taxpayer dollars.

7. Determination of Fair and Reasonable Cost.

The Contracting O cer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable based on a comparison of the proposed prices to historical prices paid and current prices in the IDIQ schedule, whether by the Government or other than the Government, for the same or similar items, per FAR 15.404-1(b)(2)(ii)

8. Actions to Remove Barriers to Future Competition.

Not Applicable. For the reasons set forth in Paragraph 5, NAVSYSCOM has no plans at this time to compete future contracts for the types of supplies/services covered by this document due to the unforeseen nature of natural disasters / acts of God. If another potential source emerges, NAVSYSCOM will assess whether competition for future requirements is feasible.

JUSTIFICATION AND APPROVAL - J&A No. FSC2417-DJM

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.

Technical Cognizance:

Signature Name (Printed) Phone No. 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.

CAPT Troy M. Brown, Commanding Officer NAVFAC Marianas, APPROVAL

Upon the basis of the above justification, I hereby approve, as Commanding Officer NAVFAC Marianas, 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. 3204(a)(2).

Janalyn Rosario 671-333-2272 27 June 2023

LT Cyndele McVeigh 671-333-1327 29 June 2023

LT Cyndele McVeigh 671-333-1327 29 June 2023

MCVEIGH.CYNDEL

E.EVA.1506217500

Digitally signed by

MCVEIGH.CYNDELE EVA.1506217

Date: 2023.06.29 11:44:43 +10'00'

MCVEIGH.CYNDEL

E.EVA.1506217500

Digitally signed by

MCVEIGH.CYNDELE.EVA.1506217

Date: 2023.06.29 11:45:06 +10'00'

AGUON.JOHN.V.1184383868 Digitally signed by AGUON.JOHN.V.1184383868 Date: 2023.07.03 09:46:54 +10'00'

BROWN.TROY.MARVIN.1

163190105

2023.10.04 11:32:23 +10'00'