JA 20-13 Final_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, ATLANTIC

6506 HAMPTON BLVD

NORFOLK VA 23508-1278

IN REPLY REFER TO:

N62470-19-D-8022/23/24/25/26/27

ACQ35: ALF-H

16 April 2020

J&A No. NA 20-13

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

Naval Facilities Engineering Command Atlantic (NAVFAC LANT)

2. Description of the Action Being Approved:

Approval is sought to increase the contract maximum not-to-exceed (NTE) amount for the Global Construction Contingency – Multiple Award Contract (GCC-MAC) by $10,000,000 from $1,071,443,694.32 to $1,081,443,694.32.

3. Description of Supplies/Services:

The subject contract performance area is worldwide. The work includes providing supervision, equipment, materials, labor, travel and all means necessary to provide the Navy, the Navy on behalf of the Department of Defense (DoD), and the Navy on behalf of other Federal agencies when authorized, an immediate response for civilian construction contract capability. The construction and related engineering services respond to natural disasters, humanitarian assistance, conflict, or projects with similar characteristics. This includes occasional projects to ensure readiness to perform under emergency situations. The scope includes the capability to provide general mobilization services (embarkations) for personnel, equipment, and material in support of Naval Construction forces (NCF) mobilization efforts and similar mobilization efforts.

Work also includes the capability to set up and operate a Material Liaison Office (MLO) at a deployed site in support of NCF operations. The contractor may be tasked to participate in military exercises. Work is predominately construction. The contractor, incidental to the construction effort, may be required to provide limited Base Operating Support (BOS) Services such as Air Operations; Port Operations; Morale, Welfare, and Recreation support; Galley;

Billeting; Facilities Support; Utilities; Base Support Vehicles and Equipment; and Environmental. These services are primarily anticipated in support of facilities overseas, but may also be ordered for work in the United Stated in support of disaster recovery efforts and other contingency operations.

J&A No. NA 20-13

The GCC-MAC was competitively sourced, and the existing indefinite delivery/indefinite quantity (IDIQ) contracts are currently used to award competitive task orders for construction and related engineering and services to respond to natural disasters, humanitarian assistance, conflict, or projects with similar characteristics. The resulting contracts were awarded on 29 March 2019 to six contractors:

N62470-19-D-8022, AECOM

N62470-19-D-8023, APTIM

N62470-19-D-8024, CH2M HILL/JACOBS

N62470-19-D-8025, Environmental Chemical Corporation

N62470-19-D-8026, FLUOR

N62470-19-D-8027, PERINI

The GCC-MAC has a base period and four one-year option periods. The current contract completion date is 28 March 2021, with three additional options that could extend the ordering period to 28 March 2024. Due in large part to an unusually active and destructive hurricane season, as well as a severe earthquake significantly impacting DoD assets, requirements for the contract have exceeded capacity in the first year.

A new GCC contract is being procured and is currently in the pre-solicitation phase.

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)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority:

The Master Clock project was awarded under contract N62470-19-D-8025 task order N6247019F9101 on 16 September 2019. At time of award, the contract capacity was adequate to issue future planned modifications and to exercise options. Unfortunately, continued Hurricane Florence recovery efforts in the Southeast and a large earthquake in California have depleted the contract capacity in its first year, such that it is necessary to increase the capacity to provide for the planned modification and exercise of options on this task order. The task order contains several unexercised options and planned modifications worth approximately $2,000,000. These options/modifications are for electronic security systems and audio/visual equipment/installation for different customers that occupy the facility. The options may be issued concurrently or individually within 365 days of contract award. These options will be funded with Fiscal 2020 other procurement, Navy funds. It is noted that the options were competed and evaluated as part of the source selection; therefore, the justification is not for the award of the options but rather for an increase in the IDIQ ceiling to provide sufficient contract capacity for the award.

Additionally, there are approximately nine current construction changes, valued at approximately $5,000,000 that require immediate funding. Pending changes estimated at $3,000,000 are anticipated in the near future. The total value of $10,000,000 is required to maintain progress on this project.

The current contactor, Environmental Chemical Corp. (“ECC”) has acquired the necessary critical expertise, base access authorizations for its vehicles and personnel, extensive knowledge of ongoing requirements, familiarity with key local individuals, facility layouts, and local operating and safety procedures needed to provide these critical services. Given the length of time needed to complete the logistical and administrative tasks necessary to prepare, negotiate, and award a competed contract, any attempt to award to any other contractor, under any other contract vehicle, poses an unacceptable risk of a reduction in the state of readiness of the Master Clock facility, award under this contract vehicle to this experienced contractor is in the best interest of the Government. It is also noted that the options in question were competed and evaluated as part of the source selection; therefore, justification is not required for the award of the options to ECC but rather for an increase in the IDIQ ceiling to provide sufficient contract capacity for the award.

Subsequent delays in award may result in a high risk of failure to complete this mission requirement in a timely, effective and expeditious manner resulting in unacceptable shortfalls in the operational needs of DoD. Failure to complete the project could potentially adversely impact USNO’s ability to adequately perform its mission and support the DoD and DON. There will continue to be a significant lack in critical infrastructure. This project supports the master positioning, navigation, and timing standards for all DoD operations. Deferral of the project will result in the continued usage of the existing facilities to perform essential operations within cramped and uncontrolled environmental conditions. Continued use of these facilities will continue to limit DoD’s capabilities to take advantage of future clock development, future communications, navigation, targeting and intelligence gathering activities.

Use of the authority cited above is deemed appropriate due to the agency’s need for the required services, which is of such unusual and compelling urgency that without additional capacity there will not be any available contract vehicles to procure this work. This request to increase the GCC-MAC capacity is in conjunction with required Naval Facilities Engineering and Acquisition Division, Public Works Department, Washington, modification to exercise pre-priced Contract Line Items for the project and to negotiate immediate construction changes.

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

No additional market research beyond the qualifications of the GCC MAC was conducted, because it is not practicable, for the reasons discussed in paragraph 5 above; to award under any other contract vehicle, to any company other than Environmental Chemical Corporation. The GCC MAC task order was competed utilizing full and open competition and Environmental Chemical Corporation was the selected contractor in a competitive environment.

Upon approval of this J&A, the proposed actions will be synopsized on the Government-wide Point of Entry (GPE) as required by FAR 6.305(b). No additional market research beyond the qualifications of the GCC MAC was conducted because it is not practicable, for the reasons discussed in paragraph 5 above. The GCC MAC was competed utilizing full and open competition.

7. Determination of Fair and Reasonable Cost

The contracting officer determined the cost to the Government of the services covered by this J&A to be fair and reasonable during the evaluation performed at the time of task order award for option items. Additionally, current construction changes will be negotiated and determined fair and reasonable prior to issuance of modifications.

8. Actions to Remove Barriers to Future Competition:

This action is a unique one-time procurement due to unusual and compelling urgency. A critical mission essential Master Clock facility is urgently required. In routine procurement environments, NAVFAC Washington will take appropriate actions that promote competition that are in the best interests of the agency, stakeholders, and expenditure of taxpayer dollars.

Additionally, a new multi-billion dollar GCC contract is being procured to satisfy requirements for future disasters, humanitarian efforts, and projects with similar characteristics.

9. ECHELON IV CHIEF OF CONTRACTING OFFICE CERTIFICATION

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

10. LEGAL SUFFICIENCY REVIEW

I have reviewed this justification and have no legal objection.

11. ECHELON III CHIEF OF CONTRACTING OFFICE CERTIFICATION

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

APPROVING OFFICIAL

Upon the basis of the above justification, I hereby approve, as the Assistant Commander for Acquisition, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2), Unusual and Compelling Urgency. This limited source justification is accurate and complete to the best of my knowledge and belief. Base on the forgoing, I approve this limited source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.