J-A 23 17 Stop Gap Crane R2 (redacted).pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY REFER TO

N6247323P3802 J&A No. 23-17

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), Facilities Engineering Acquisition Division (FEAD), San Diego, California.

2. Description of the Action Being Approved:

Request approval to award a sole source contract on a basis other than Full and Open Competition for Yard Derrick (YD) floating crane rental and tug services pursuant to the authority in Section 4. The contract will provide recurring and non-recurring services to support waterfront crane operations for the Metro Production Department (MPD) in the San Diego Metro Area (Naval Base San Diego, Naval Base Coronado, and Naval Base Point Loma) within the NAVFAC SW area of responsibility (AOR) while the Government Accountability Office (GAO) protest on a recently awarded contract for similar services (Contract N6247323P3801) is being adjudicated.

3. Description of Supplies/Services:

The base period of the contract will provide YD floating crane rental and associated labor capable of supporting multiple lifts per day. It will also include tug services on Mondays and Fridays capable of delivering the crane to Government requested job sites and positioning the crane at the job site. The base period includes thirteen (13) working days for crane services and three (3) working days for tug services.

Indefinite Delivery Indefinite Quantity (IDIQ) line items will be available for overtime labor hours and additional crane rental working days.

One (1) one-week option period will be included for YD floating crane rental, tug services and associated labor. The option period includes five (5) working days for crane services and two (2) working days for tug services.

The estimated dollar value of this contract action is approximately $700,000.00 based on the Independent Government Estimate (IGE) developed by CDR Joshua Turner of MPD, utilizing historical data, input from subject matter experts, and market research. The Government estimate and period of performance are described below:

PERIOD

PERIOD OF

PERFORMANCE

FFP -

Recurring IDIQ - Non-recurring (NTE)

COST FFP &

IDIQ Combined

BASE 02/22/23 03/10/23

OPTION ONE 03/11/23 03/17/23

TOTAL $700,000.00

*IGE rounded to the nearest $50,000.

J&A No. 23-17

The resultant contract will be funded by fiscal year 2023 Operations and Maintenance, Navy Funds.

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

The statutory authority permitting other than full and open competition is 10 USC § 3204 (c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-2(b), Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority:

NAVFAC SW floating crane YD 260 suffered an equipment casualty and is no longer operable. Floating crane YD 254 was decertified on 7 February 2023, and entered a required maintenance period. This was the only operating Government floating crane asset in the San Diego AOR.

A contract was put in place using limited competition on 6 February 2023 to maintain mission critical services. The contract was awarded to RE Staite Engineering, Inc. On 16 February 2023, a protest was filed with the GAO. On 17 February 2023, a stop work order was put in place, leaving the fleet in San Diego without critical crane services.

The lack of floating cranes would result in serious injury to the Government as fleet operations and the substantially impacted. Specifically, NAVFAC SW has determined that as many as 11 fleet requirements, including ship and submarine movement and weight tests, submarine maintenance availabilities, and other Government requirements such as NASA equipment tests, will not be supported if a timely substitute floating crane service is not provided.

The recent YD crane equipment casualty and the ensuing protest was not foreseen by the Government. In order to prevent a gap in mission critical crane services, the Government must award a contract and have a contractor mobilized on site by 21 February 2023.While an adequate scope of work exists, NAVFAC SW has determined that use of competitive means would result in unacceptable delays. The condensed timeline to award, risk of serious injury , and the unusual and compelling urgency of the requirement make it necessary to proceed with a sole source contract.

The Government has identified that R.E. Staite Engineering is capable of performing this unusual and compelling requirement. R.E. Staite Engineering has a crane currently in operation at Naval Base San Diego and can immediately respond to this need. This contractor is familiar with current Government and Naval Base San Diego procedures, and has a facility nearby and a urgent need. The 13-day period of performance would provide continuity of service to avoid adverse impact to the mission.

Pursuant to the authority of 10 U.S.C. § 3204(c)(1), this Justification & Approval (J&A) requests the authority to award a sole source contract to R.E. Staite Engineering based on the unusual and compelling urgency to provide services without disruption or impact to the mission for Navy installations within the NAVFAC SW AOR. R.E. State engineering is requirement.

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

Due to the urgency of this project, standard market research procedures for other qualified firms could not be conducted in accordance with FAR Part 10. Other than full and open competition is necessitated by an unusual or compelling urgency under the authority of 10 U.S.C. § 3204(c)(1). The planned action covered by this J&A meets an exception to the synopsis requirements per FAR Part 5.202(a)(2). 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 anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions taken to Remove Barriers to Future Competition:

This is a one-time procurement for urgent crane services. With the completion of the maintenance and repairs for NAVFAC SW organic assets (cranes), these services should not be required again for several years. If NAVFAC SW determines that additional crane services are required beyond the scope of this contract, a competitive solicitation will be issued to determine whether other sources with appropriate qualifications are able to meet the requirement.

JUSTIFICATION AND APPROVAL 23-17

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 & Requirements Cognizance:

__________________________ (619) 571-3132 CDR JOSHUA A. TURNER Phone Date Metro Production Officer Metro Production Department

NAVFAC SW

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

__________________________ (619) 705-5849 DEANA R. JAEGER Phone Date Associate Counsel

NAVFAC SW

CONTRACTING OFFICER CERTIFICATION

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

__________________________ (619) 556-2847 KELLEE M. KRAUSE Phone Date Supervisory Contracting Officer

NAVFAC SW

CHIEF OF THE CONTRACTING OFFICE, NAVFAC SW

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition as competition advocate, pursuant to the authority of 10 U.S.C. 2304 (c)(1).

__________________________ (619) 705 6400 RENAE A. KVENDRU Phone Date Chief of the Contracting Office

NAVFAC SW