JA 23-018 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC

258 MAKALAPA DR STE 100

JBPHH HI 96860-3134

IN REPLY REFER TO

J&A No. 23-018

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command, Pacific (NAVFAC PAC), Joint Base Pearl Harbor-Hickam, Hawaii.

2. Description of the Action Being Approved.

Request approval to modify Contract No. N62742-21-D-0200 to increase the contract ceiling by $16,000,000, from $25,000,000 to $41,000,000. This Indefinite Delivery/Indefinite Quantity (IDIQ) contract was competitively awarded to Helber, Hastert, and Fee (HHF) Planners, Inc. on 15 September 2021 for Architect-Engineer (A-E) Services for Planning and Engineering Services at Various Locations Worldwide, with emphasis in the Pacific and Indian Ocean areas.

The contract term is for a one-year base period plus four one-year option periods or $25,000,000, whichever occurs first. This contract is currently in its first option period.

Demand under the current contract has been exponentially greater than anticipated, primarily due to increased demand for planning services in the NAVFAC PAC area of operations to support unanticipated requirements associated with the Shipyard Infrastructure Optimization Program (SIOP), USINDOCPACOM Pacific Deterrence Initiative for Guam as the strategic location for multi-service use, and the Hawaii emergent initiatives.

To date, twenty three (23) task orders have been awarded and/or pending FY23 award, for a total contract obligation of $24,856,021. The remaining capacity of is inadequate to complete various requirements anticipated before a new A-E IDIQ contract is awarded.

At the start of FY24, a new IDIQ contract will be pursued with a planned award date of January 2025. With the follow-on contract to start being available in FY25 quarter 2, there is not enough available capacity in the existing contract to handle the current planned workload. An additional $16,000,000 in contract capacity is needed to support current, planned, and unforeseen requirements until the follow-on contract is awarded.

The following is a list of projected planning services that need contract support in FY24:

Project Title/Requirement Capacity Need Hawaii Military Land Use Study task order modification MCBH Flight Line Optimization Study task order modification Guam DoD Land Use Study task order modification DPRI P-201 Aviation Instruction Facility DD1391 DPRI P-320 Waste Transfer Facility DD1391

DPRI Update MCB Camp Blaz Master Plan/Utility and Transportation Studies

Pacific Deterrence Initiative Projects Joint Area Development Plans – Philippines Joint Area Development Plans - Australia Joint Area Development Plans - CNMI Installation Climate Resilience Plans CFA Yokosuka NSF Diego Garcia CFA Sasebo

Total Projected Capacity needed for 12 month period in

FY24

Remaining Capacity on contract

Description of Supplies/Services.

Contract N62742-21-D-0200 provides for planning and engineering services for the U.S. Navy and U.S. Marine Corps under the cognizance of the Naval Facilities Engineering Systems Command (NAVFAC) Pacific. Work may also include planning efforts for other Military Commands including the Department of Defense, U.S. Air Force, U.S. Army, U.S. Coast Guard, and other U.S. Agencies worldwide. The tasks covers planning documents and performing studies such as Installation Development Plans, Area Development Plans, Capital Improvement Plans, Siting/Land Use Studies, Special Planning Studies, Facilities Requirements Plan, Basic Facility Requirements, Asset Evaluations, MILCON and Special Project DD1391s, and other planning and engineering studies.

Statutory Authority Permitting Other than Full and Open Competition.

The statutory authority permitting other than full and open competition is Title 10 U.S.C 3204(a)

(1) and (b)(B)(i) and (ii) as implemented by the Federal Acquisition Regulation, Only one responsible source and no other services will satisfy agency requirements. For the Department of Defense, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of specialized services when it is likely that an award to any other source would result in substantial duplication of costs to the Government not expected to be recovered through competition, or unacceptable delays in fulfilling the agency’s requirements.

Rational Justifying Use of Cited Statutory Authority.

The original contract awarded to HHF Planners was competed using competitive procedures pursuant to 40 U.S.C. 1101, Selection of Architects and Engineers, as implemented by FAR

36.6. The contractor has prepared various types of planning products and services ranging from Installation Development Plans, Area Development Plans, to Land Use Studies and project documents for the duration of this contract. Through this work, the contractor has unique and intimate knowledge of Navy and Marine Corps operations and the associated planning environment. Much of the anticipated FY2 award demand is for planning services at PAC, HI, and Marianas.

In addition, for many of the anticipated task orders, there are no other contract vehicles in place under which the technical expertise to handle the task order scope of work exists in the Pacific area of responsibility, and this capacity will not be available until the new IDIQ contract is in place.

HHF Planners has been able to execute the entire contract capacity through the first option year and will have continuity to execute any task order modifications required for existing task orders.

The contractor has unique technical experience working in Hawaii and Guam to provide continued support and working relationships with various customers and stakeholders such as INDOPACOM, Joint Region Marianas, COMPACTFLT, COMSUBPAC, Navy Region Hawaii, and other key Commands in the Pacific area of responsibility.

The combination of capability and capacity is not replaceable by any other contractor in the timeframe required to ensure continued planning support and services without a break in coverage.

Replacing the current contractor would have serious and irreparable impacts and result in substantial duplication of costs and unacceptable delays. A new contractor would have an extremely steep learning curve on a multitude of issues, particularly the loss of corporate knowledge of the Shipyard Infrastructure Optimization Program, Defense Policy Review Initiative Program, the Pacific Deterrence Initiative Program, and other high visibility and significant ongoing projects with key stakeholders.

Without this additional capacity, the Government would not be able to modify existing task orders for in-scope modifications, which would result in substantial duplication of costs if this work is awarded to a new contractor. The Government would need to pay duplicate costs for new work/safety plans and duplicate site visit costs to complete the additional work that would normally be added via a task order modification, and more time and cost for the new contractor to accept the previous work and to become fully informed and conversant on the original task order.

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

Naval Facilities Engineering Systems Command, Pacific has not published and does not intend to publish a Notice of Intent to Sole Source in accordance with FAR 5.203(a). This proposed contract action is made pursuant to the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements in FAR 5.207 with respect to the current proposed contract action. Accordingly, the requirements for an exception under FAR 5.202(a)(11) have been met and no synopsis is currently required. A market survey was not conducted and an increase of the subject contract capacity is considered the only reasonable means to complete the work in a timely manner.

7. Determination of Fair and Reasonable Cost.

The Government negotiated fair and reasonable rates for work under this contract and does not anticipate problems in negotiating fair and reasonable rates for each change identified in Paragraph 2.

8. Actions to Remove Barriers to Future Competition.

The follow-on FY24 IDIQ contract process will begin in FY24 Q1. The new contract is planned for award in January 2025, or earlier. The replacement contract will be procured as a small business set-aside at a value intended to ensure that all known requirements would fit within the dollar limits established at the time of award.

J&A 23-0

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.

Technical Cognizance:

Signature Name (printed) Telephone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (printed) Telephone No. Date

CONTRACTING OFFICER CERTIFICATION

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

ASSISTANT COMMANDER FOR CONTRACTING APPROVAL

Upon the basis of the above justification, I hereby approve, as Assistant Commander for Contracting, the award of the proposed procurement action described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204 (a)(1) and (b)(B)(i) and (ii).