HorizontalConst_JA_N4008318D1601_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-21-09

09 Dec 2020

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Naval Facilities Engineering Systems Command, Mid-Atlantic, Public Works Department, Crane, Indiana

2. Description of the Action Being Approved. Award of a 6-month extension to Contract N4008518D1601, Horizontal Construction Services at the Naval Support Activity Crane, Indiana and the Glendora Test Facility, Sullivan, Indiana.

3. Description of Supplies/Services. The Contractor shall furnish all labor, supervision, management, materials, supplies, equipment, tools, transportation, incidental engineering, and vehicles to perform all work associated with Horizontal Construction Services. This work includes but is not limited to excavation and fill, asphalt repairs/replacement, highway striping, guardrail repair/replacement, concrete work, culvert replacement, fence repair/replacement, erosion control, stone road and lot maintenance, sidewalk repair/replacement, highway sign maintenance, repair/replacement and incidental related work.

The extension increases the duration of the contract by 6 months from 14 December 2020 to and including 13 June 2021. The contract maximum is $20,000,000.00 The current remaining capacity of $8,080,305.86 is sufficient for any work required during this six-month period. As such, the contract maximum will remain $20,000,000.00

4. Statutory Authority Permitting Other Than Full and Open Competition. 10 U.S.C. 2304(c)(1); Only one responsible source and no other supplies or services will satisfy agency requirements. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C. 2304(c)(1). The agency’s need for these services are available from only one responsible source and no other types of supplies or services will satisfy the agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority. The contract provides for horizontal construction services at the Naval Support Activity, Crane, Indiana and Glendora Test Facility, Sullivan, Indiana. This acquisition tool contains pre-priced line items for horizontal construction services.

The Public Works Department does not have in-house personnel or equipment to perform these services. Without this contract, NAVFACSYSCOM, Public Works Department, Crane, Indiana does not have a method to accomplish horizontal construction services in a timely manner in order to avoid mission impacts. NSWC Crane is modernizing its facilities by fabricating an Acoustic Test Platform and installing an Underwater Explosive (UNDEX) testing area in order to facilitate Rapid First Article Testing at Lake Glendora Test Facility (LGTF). There is an imminent need for horizontal construction work and failure to provide this work will significantly degrade the Navy’s mission.

In addition, there are several Joint-Memo 21 (JM21) projects that will fail to meet their target award quarter if the horizontal construction contract is not extended with a bridge causing risk to expenditure of funds by end of FY.

Utilization of any other source during this six month period will result in substantial duplication of cost to the government and unacceptable delays in fulfilling the Government’s requirements. The existing contract was competitively procured as an unrestricted procurement and awarded to Milestone Contractors LP on 14 December 2017 for a contract term not to exceed 36 months. The current contract expires on 13 December 2020. The follow-on procurement is in process but will not be awarded before this contract expires. Failure to extend the term of the current contract will result in unacceptable delays.

Only the incumbent contractor can timely perform this contract extension. Additionally, only the incumbent contractor has submitted all required submittals, bonds, insurance and other required documents. Market research documentation has been completed and the source selection documents are being prepared.

All pre-award activities and source selection evaluation will be completed and a follow-on contract will be awarded prior to 01 May 2021. A six-month extension of the current contract is required in order to allow sufficient time to award six critical projects that if delayed would unacceptably impact the mission.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. It is not practical or in the best interest of the Government to solicit additional sources for the needed interim services as the current contractor is the only source practicable under the exigent attendant circumstances.

The contractor is already mobilized at the facility, is intimately familiar with the work to be performed, and is currently performing satisfactorily.

7. Determination of Fair and Reasonable Cost. The current contract was awarded as a result of the issuance of a competitive RFP. At that time, the price was determined to be fair and reasonable based on competition and the existing pre-priced line items will be in effect for this extension.

8. Actions to Remove Barriers to Future Competition. Additional market research was not conducted due to the fact that only one source will satisfy the agency requirements in this instance.

As described in paragraph 5, NAVFACSYSCOM Mid-Atlantic Public Works Department Crane plans to compete future contracts for the specific services covered by this document.

CERTIFICATIONS AND APPROVAL

J&A No. ML-21-09

TECHNICAL AND 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.

Phone Date

FSC Branch Manager NAVFACSYSCOM Mid-Atlantic PWD Crane

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date

Assistant Counsel NAVFACSYSCOM Mid-Atlantic

CONTRACTING OFFICER CERTIFICATION

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

Phone No. Date

Supervisory Contract Specialist NAVFACSYSCOM Mid-Atlantic, PWD CRANE

APPROVING OFFICIAL (NFAS 6.304) – ECHELON IV CHIEF OF THE

CONTRACTING OFFICE

Upon the basis of the above justification, I hereby approve the award of the proposed contract modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2).

Phone No. Date

Acquisition Director NAVFACSYSCOM Mid-Atlantic

Verbal approval was given on 12/11/2020 to extend contract N4008318D1601