JA 16D1602 Elevator NWPT-redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-20-57 14 January 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The contracting activity is Naval Facilities Engineering Command, Mid-Atlantic, Norfolk, Virginia. The contracting officer is the Naval Facilities Engineering and Acquisition Division of the Public Works Department Newport, Rhode Island

2. Description of the Action Being Approved: Award of a six-month extension to Contract N40085-16-D-1602, Facility Investment Services for the Maintenance and Repair of Elevators at Naval Station Newport, Naval Undersea Warfare Center, Newport, Rhode Island and Other Areas of Responsibility. The extension is necessary to allow sufficient time to complete pre-award / award activities and allow for a mandatory 30-day phase-in/transition period.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform maintenance and repair of elevator services. The bridge action will be effective from with an estimated value of redacted

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(2);

FAR 6.302-2, Unusual and compelling urgency. 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)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency.

The agency’s need for these services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.22(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for elevator services for Naval Station Newport. Responses to the sources sought were received, but delayed response of the technical evaluation of capabilities packages impacted the set aside determination which further delayed commencement of subsequent pre-award activities. Although pre-award activities are now moving forward, there is not sufficient time to complete a source selection and award the follow-on contract considering the 30-day phase-in / transition requirement. Therefore, request approval to extend the current contract to allow for sufficient time to complete the award and allow for a proper phase-in / transition from the incumbent contractor to the awardee. Therefore, request approval to extend the current contract to allow for sufficient time to complete the award and allow for a proper phase-in / transition from the incumbent contractor to the awardee. Continuing elevator maintenance and repair services is essential. Failure to properly maintain, inspect, and repair elevators would result in the

J&A No. ML-20-57 elevators being unable to be certified and would be placed out of service causing a negative impact to the Installation’s mission.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the urgent need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. The incumbent is currently mobilized at the site, is intimately familiar with the work to be performed.

7. Determination of Fair and Reasonable Cost. The price was determined to be fair and reasonable prior to award, and pricing for this extension will remain the same pending a change in the SCA wage determination.

8. Actions to Remove Barriers to Future Competition. This is a one-time exception to full and open competition, which is dictated by the exigent attendant circumstances. The follow-on contract will be awarded based on full and open competition after exclusions of sources in accordance with FAR 6.204.

SIGNATURES AND APPROVALS HAVE BEEN REDACTED