J and A Capacity Increase.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST

1101 TAUTOG CIRCLE

SILVERDALE, WASHINGTON 98315-1101

J&A No. 20-26JA

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity Department of the Navy, Naval Facilities Engineering Command Northwest (NAVFAC NW) Silverdale, WA.

2. Description of the Action being Approved Request approval to increase the not-to-exceed value of Indefinite Delivery/Indefinite Quantity (IDIQ) Contract N44255-16-D-2006 for Architect-Engineer (A-E) Services for Multi-Discipline Engineering Projects awarded to Notkin Engineering by $5,000,000 from $30,000,000 to $35,000,000. The contract expiration date of 16 June 2021 remains unchanged.

3. Description of Supplies/Services This A-E IDIQ Contract for Multi-Discipline Engineering Projects was competed using full and open competition pursuant to 40 U.S.C. 1101, Selection of Architects and Engineers, as implemented by FAR 36.6. Award was made to Notkin Engineering on 15 June 2016 with a contract capacity of $30,000,000. The contact scope covers the NAVFAC Northwest area of responsibility (AOR) and other areas of the United States (US) for preparation of design-bid-build (DBB) and design-build (DB) construction documents, and has a task order range of $1,000 to $1,500,000. Four (4) twelve-month option periods have been awarded and the contract completion date is 16 June 2021, the contract is in its last Option Period.

4. Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1. FAR 6.302-1 permits contracting without providing for full and open competition in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

5. Rationale Justifying Use of Cited Statutory Authority This J&A provides $5,000,000 in increased capacity for the NAVFAC Northwest Notkin Engineering A-E IDIQ contract, in order to have the same A-E complete Post Construction Award Services (PCAS) on awarded task orders for which Notkin Engineering has already completed designs and to award negotiated Fiscal Year (FY) 2020 funded task orders.

The convergence of extensive PCAS support and unexpected workload increase resulted in the premature depletion of the contract’s capacity not anticipated in the FY2014 CIBL Acquisition Plan when development of this contract began. Unplanned effort included extensive PCAS for

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RM09-1471 Building 431 and PCAS for dry dock construction projects both at Puget Sound Naval Shipyard, an aging facility.

The FY2020 funded requirements cannot wait for the follow-on contract which has been delayed and is anticipated to be awarded by 30 September 2020 but not in sufficient time to award several FY2020 projects:

FY2020 Funding Requirements Location

Estimated Cost

Install Environmental Controls (HVAC), PW2/PW4/PW5/PW6 Bremerton $480,000

Reconfigure Building Systems for High Energy handling, B820 Keyport

$392,000

Airfield Lighting Regulators Whidbey $250,000 Upgrade Fire and Life Safety Systems multiple buildings Whidbey $201,000 Dry Dock Elevator Study Bremerton $235,000 Multi-Discipline Study Keyport $72,000 Geotech Invest Devils Hole Dam Bangor $39,321 Replace Air Handler Units 4 and 3, B2700 Whidbey $24,000

The remaining PCAS services which require the Designer of Record (DOR), Notkin Engineering, to provide are:

Post Construction Award Services (PCAS) Location Estimated

Cost PCAS TPS PIER & MAINTENANCE FACILITY Bangor $1,340,000 PCAS - DD6 Modernization Bremerton $158,000

PCAS Bangor Electrical Substation Five Modernization Bangor $115,000

PCAS Electrical Distribution Rep Whidbey $25,000

PCAS Enhanced AE DD4 & Pier # Modernization Onsite Bremerton $337,914 PSNS & IMF Fire Protection Survey Bremerton $1,500,000

Total Estimated Contract Requirements: $5,169,235

Approval of this J&A to increase capacity by $5,000,000 allows for award of eight (8) task orders and six (6) modifications on existing task orders to provide PCAS where Notkin Engineering is the DOR. The estimated remaining FY2020 task orders are $3,000,000 and the estimated PCAS cost is $2,000,000. This request provides an estimated $2,000,000 contingency reserve for negotiation variables, potential task order modifications, and unforeseen requirements under existing task orders to ensure the original designs are fully supported.

Because this action will not increase the duration of the contract ordering period and will not be used to “bridge” the time between the end of one contract and the beginning of another related contract, the action requested in this J&A does not constitute a “bridge contract action” under NFAS 6.303-1-100 or 6.304-101.

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Detailed rationale and impacts:

Projects: The multi-discipline has nine remaining FY2020 funded requirements that will result in FY2021 designs with construction award following in FY2022 or are studies to provide project documentation in support of planning requirements for upcoming projects. Failure to award these requirements represent an unacceptable delay to the mission need dates of the various Commands.

PCAS: No other design firm can achieve the level of familiarity held by the DOR for the construction documents/contracts they created. The DOR’s project knowledge is essential and significant project delays would be inevitable to bring a new DOR on the project for meetings with the client regarding expectations and requirements, as well as already completed studies, surveys, conceptual designs and cost estimates. Failure to award follow-on PCAS to the DOR would result in:

• An administrative burden to review the design, calculations, cost estimate, basis of design and other information to support construction for a design and specification for which they are not the DOR would delay construction award as pre-proposal inquiries will take longer to answer.

• Delays in providing post award Request for Information (RFI) responses. All RFIs require quick turnaround to resolve issues that may delay the construction contractor.

• Delays in submittal and schedule reviews.

• High risk to increased schedule/budget due to inability to quickly navigate unforeseen conditions, as the DOR has the background to quickly providing the Government with contract analysis, revised drawings, and cost estimates to negotiate with the construction contractor.

• Risk to missing the project Mission Need Date (MND)

• Risk to quality, schedule, and cost due to lack of commissioning acceptance support

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable Synopsis of the proposed modification was not published to the Federal Business Opportunities (FBO) website due to applicable exception under FAR 5.202 (a)(6). No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Notkin Engineering to provide the required new project designs, studies and PCAS services. In accordance with FAR 6.305, the approved J&A will be posted on FBO/Contract Opportunities within thirty (30) days after award of the contract modification to increase capacity.

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 utilizing FAR Part 15 procedures. Task order and modifications will be negotiated with Notkin Engineering using the Option 4 negotiated hourly rates, as established in the basic contract.

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8. Actions to Remove Barriers to Future Competition NAVFAC Northwest is finalizing the competed follow-on A-E IDIQ Multi-Discipline Contract future requirements. Maximum capacity will be $100,000,000 and award is planned for 4th quarter of Fiscal Year 2020. The increase in overall contract capacity of the follow-on contract accounts for potential program changes by including additional capacity for unplanned work including higher level PCAS for complicated projects, potential support of the Shipyard Infrastructure Optimization Program (SIOP) and the ability to support capacity requests from other FECs, if required.

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CERTIFICATIONS AND APPROVAL

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.

Technical Cognizance:

Matthew Bonus 360-315-3020 17SEP2020

Signature Name (Printed) Phone No. Date Title

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Alan Mygatt-Tauber 360-396-0037

Assistant Counsel NAVFAC Northwest

CONTRACTING OFFICER CERTIFICATION

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

Stephanie K. Avery Guillory 360-396-0271

Supervisory Contracting Officer

ECHELON IV CHIEF OF CONTACTING OFFICE CERTIFICATION

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

.S.1230303220 Date: 2020.09.17 15:25:32

-07'00' ANDREW S. HARRIS 360-396-0055

Chief of the Contracting Office

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ECHELON IV COMMANDING OFFICER APPROVAL

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

CAPT E. B. MILLER 360-396-0043

Captain, CEC, U.S. Navy Commanding Officer