JA 22R2683 Newport HVAC.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-22-32 20 April 2022

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT), Public Works Department, Naval Station Newport, Rhode Island.

2. Description of the Action Being Approved: Award of a firm fixed-price service contract with a one-year base period, one (1) one-year option period, and a subsequent six-month option period for maintenance, repair, and alteration of Heating, Ventilation and Air Conditioning (HVAC) at Naval Station Newport, Rhode Island.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform maintenance, repair, and alteration of Heating, Ventilation and Air Conditioning (HVAC), Refrigeration Equipment, Central Chilled Water Plant and DDC System Controls at Naval Station Newport, Rhode Island.

Including the base period and all options, the contract will be effective from 1 June 2022 through and including 31 December 2024 with a total estimated value of $3,195,401.68 ($1,874,882.68 for recurring services, $1,320,519 for non-recurring services).

4. Statutory Authority Permitting Other Than Full and Open Competition: FAR 6.302-5, Authorized or required by statute. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C. 3201(a)(5).

Under FAR 6.302-5(b)(7), the Government is authorized to make a sole source award under the Woman Owned Small Business Program, FAR 19.1506.

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate since, in accordance with FAR 19.1506(b), (1) the NAICS code assigned to this procurement is one which SBA has determined that WOSB concerns are substantially underrepresented in Federal Procurement, (2) the contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concern, and (3) the anticipated price of the contract, including options, will not exceed $4.5 million.

The anticipated WOSB contractor, Amalgamated Services, Inc. (ASI), currently holds the Naval Undersea Warfare Center (NUWC) HVAC Services Contract. NUWC is adjacent to Naval Station Newport, and Amalgamated has performed successfully on the NUWC HVAC Contract, which has a similar size and scope to this anticipated contract. ASI has qualified personnel whom are familiar with the operations at Naval Station Newport. ASI has a record of successful performance in the Newport, RI area and no other WOSBs were identified to provide this support during market research.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. FAR 19.203(c) states that for acquisitions above the simplified acquisition threshold, the contracting officer shall first consider an acquisition for the small business socioeconomic programs before considering a small business set-aside. The contract specialist conducted a Dynamic Small Business Search (DSBS) to identify if offers could be reasonably expected from any other WOSBs concerns for this work. The DBSB criteria included with the following criteria: active WOSB registration; locations in Massachusetts, Rhode Island, Connecticut, New York, New Hampshire, Vermont, Maine, and/or Pennsylvania; NACIS 238220 (Plumbing, Heating, and HVAC Contractors); and key word “Maintenance”. The search yielded no additional WOSB HVAC contractors for HVAC maintenance. Since FAR 19.1506 states that a sole source award to a WOSB shall be considered before considering a small business set-aside, market research has determined a sole source to ASI is the appropriate acquisition strategy.

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 to Remove Barriers to Future Competition: For the follow-on procurement, NAVFAC MIDLANT will assess the potential sources through market research in conjunction with the requirements and determine whether the action is eligible for any set-aside opportunities in accordance with FAR 19.

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

N4008522R2683

CERTIFICATIONS AND APPROVAL

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.

Carolynn Doner Date Facilities Support Contract Branch Head PWD Naval Station Newport NAVFAC Mid-Atlantic

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

David Nimmich Date Assistant Counsel NAVFAC Mid-Atlantic

CONTRACTING OFFICER CERTIFICATION

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

Tracy Gates Date Supervisory Contract Specialist PWD Naval Station Newport NAVFAC Mid-Atlantic

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

N4008522R2683

CERTIFICATIONS AND APPROVAL

ECHELON IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

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

Kimberly Kahler Date Chief of the Contracting Office

ECHELON IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve the proposed modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3201 (a)(5).

Gordon E. Meek, III Date

CAPT, CEC, USC

Commanding Officer

Digitally signed by KAHLER.KIMBERLY.R.1229635650 Date: 2022.05.19 09:39:41 -04'00'