DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND ATLANTIC

6506 HAMPTON BOULEVARD

NORFOLK, VA 23508-1278

18 March 2026

J&A NO. 26-08

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The agency is the Department of the Navy. The contracting activity is Naval Facilities Engineering Systems Command, Atlantic (NAVFAC Atlantic) Norfolk, Virginia.

2. Description of the Action Being Approved

The action being approved under a sole source basis is issuance of a contract modification to increase capacity under Contract N6247022D0007, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Oil Management, Waste/Hazardous Material Management, Toxic Substances Control, and other Environmental Compliance Engineering Support for Navy, Marine Corps, and other Department of War (DoW) installations from $75 Million to $100 Million, an increase of $25 Million. This contract was awarded on 07 December 2021 to BAKER-AECOM ENVIRONMENTAL COMPLIANCE JV with a base year and four one-year options. The contract is currently in its fourth option year and will expire on 06 December 2026. This action will not extend the period of performance beyond 06 December 2026.

The current contract was sufficiently funded; however new regulation changes were introduced during the contract period. These changes required increased testing frequencies, added Navy and Marine Corps facilities to be tested, and enhanced requirements for fuel facilities.

For the remainder of the current contract period, a total of seven (7) projects (listed below) are planned to be implemented to support the regulation changes. An increase in the contract capacity will support the additional projects and the work needed that needs to be completed to be compliant with the regulations. A lapse in funding will cause regulatory compliance failure and prevent aircraft, boats, and military vehicles from receiving capitalized fuel, causing fuel stoppages, risk of spills and leaks and will impose a human health and environment risk.

Therefore, an increase in contract capacity is required to support NAVFAC’s implementation of the required compliance regulations for the remainder of the contract duration.

The procurement for a new competitive contract is already in the acquisition planning phase, and the synopsis will be posted in April 2026. A new IDIQ is anticipated to be awarded in December 2026. The projects identified below are planned between January 2026 - September 2026. The new IDIQ will not be awarded in time to meet these requirements.

3. Description of Supplies/Services:

The subject contract provides comprehensive Architectural-Engineering (A-E) services for Oil Management, Waste/Hazardous Materials Management, Toxic Substances Control and Other Environmental Compliance Engineering Support to various Navy and other DOW installations / organizations world-wide in order to meet statutory compliance requirements for all applicable Final Governing Standards (FGS), DOD, Federal, State, local, and installation specific environmental laws, regulations, and guidance. This support includes preparation of studies, plans, specifications, design documents, reports, cost estimates and all associated engineering work.

A detailed estimate of upcoming projects:

1. Task Order, Defense Logistics Agency (DLA) FY27 Leak Detection Program, worldwide. A/E services for environmental and engineering assessments at Navy, Marine Corps, and other Department of War (DoW) fuel systems. These services include but are not limited to preparing program management documentation, environmental compliance reports and plans, regulatory testing, optimization studies, Permanent Leak Detection Systems (PLDS) certification, corrective actions, Designated Underground Storage Tank Operator (DUSTO) training, and pollution prevention reports in support of Defense Logistics Agency Energy (DLA-E) fuel facilities. These facilities of interest to the government are located at various Contiguous United States (CONUS) and Outside Continental United States (OCONUS) localities and must meet/maintain applicable regulatory guidance.

2. Task Order, FY26 Marine Forces Reserves Command. The A/E provides the Marine Forces Reserves Command (MARFORRES) with technical compliance services to meet the environmental regulatory requirements contained in Marine Corps Order 5090.2.

Support includes hazardous material reporting (Emergency Planning and Community Right-to-Know Act); development of Spill Prevention, Control, and Countermeasure Plans; spill response training; petroleum storage tank inspections; radon sampling and analysis; and Environmental Management System auditing.

3. Task Order, FY26 Naval Ordnance Safety and Security Activity. The A/E provides technical support to the Naval Ordnance Safety and Security Activity (NOSSA) and the DoW Emergency Planning and Community Right-to-Know Act (EPCRA) Working Group. The primary objective of this effort is to provide technical assistance in evaluating existing data sources that contain military munitions, sub-assembly, component, energetic constituent, and chemical release data relating to DoD operations, and to compile this data into the Toxic Release Inventory Data Delivery System (TRI-DDS) for use at the installation level throughout DoW.

4. Task Order, FY26 Hazardous Material and Hazardous Waste Management Technical Support for Headquarters US Marine Corps (HQMC). The A/E provides Hazardous Materials and Hazardous Waste (HM/HW) technical support to HQMC in implementing the life cycle business process for HM/HW management. This comprehensive technical support includes proactive planning, coordination, implementation, and oversight of the overall program strategy to include all associated initiatives and activities; HM/HW Enterprise Application Software (EAS), that is, Hazardous Materials Management System (HMMS) implementation, data management, and system training; cost and schedule management; quality assurance of deliverables;

status reporting; and coordination within HQMC, other external offices, regions and installations, government contractors, and others, as required.

5. Task Order, FY26 Marine Corps Other Environmental Liabilities (OEL) Sustainment Support. The A/E provides Program Management support for NAVFAC Head Quarters. The Program Manager is the single point-of-contact to ensure effective program management, direction, administration, quality assurance, and control of the contract deliverables.

6. Task Order, FY26 Navy Other Environmental Liabilities (OEL) Sustainment Support. The A/E supports Other Environmental Liability (OEL) Process. Memo summarizes the United States Department of the Navy (DON) OEL Program sustainment process, which is managed and executed by personnel within the Naval Facilities Engineering Systems Command (NAVFAC). Then A/E reviews documents annually which are updated by NAVFAC as required to address changes in environmental liability and financial reporting guidance. The OEL Program reports via forecasting the projected future cost to remove, dispose of, and/or remediate non-routine hazardous waste (HW) from (1) DON Real Property (RP) assets upon closure, and (2) Corrective Action (CA) sites not addressed under the Defense Environmental Restoration Program (DERP) or the Base Realignment and Closure (BRAC) program.

7. Task Order, FY26 Defense Fuel Support Point Tampa Pipeline Integrity Management Plan and Operation, Maintenance, Environmental, and Safety (OMES) Plan. A pipeline integrity management plan (PIMP) is a comprehensive, risk-based strategy for maintaining the safety and reliability of a pipeline throughout its lifecycle. It includes identifying risks, assessing the pipeline's condition through regular inspections, and implementing measures like repair, maintenance, and preventative actions. The plan also requires continuous evaluation and improvement to ensure effectiveness. The OMES Plan is prepared in compliance with federal (49 CFR Part 195; 33 CFR Parts 154/156) and state requirements for pipeline and marine transfer operations.

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. 3204(a)(2) as implemented by FAR 6.103-2 – Unusual and compelling urgency.

5. Rationale Justifying use of Cited Statutory Authority

Contract N6247022D0007, was awarded with the assumption that the estimated aggregate Not To Exceed (NTE) $75M capacity would be sufficient based on the workload projections and historical data at the time of contract award. However, changes in regulations resulted in increased spending rate. The current contract remaining capacity is only $1,365,949.36. There is currently $73,634,050.64 obligated under this contract with $1,365,949.36 remaining in available capacity.

The remaining capacity is insufficient to support emerging program requirements. The request for additional capacity for contract N6247022D007 is essential to support NAVFAC Atlantic Leak Detection Centrally Managed Program (LD-CMP). As mentioned above, a failure to increase the contract capacity will raise the risk of fuel stoppages, spills and leaks, impose a risk to human health and environment and possibly lead to compliance failure. As a result of fuel stoppages, aircraft, ships, carriers, and support vehicles will lose access to fuel, and the disruption of fuel distribution will negatively affect the warfighter mission readiness as fuel is a vital component for the Navy and Marine Corps activities.

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

N6247022D0007, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for Oil Management, Waste/Hazardous Material Management, Toxic Substances Control, and other Environmental Compliance Engineering Support contract was procured on an unrestricted basis, inviting full and open competition. Additionally, in accordance with FAR 6.305(b), the J&A will be posted within 30 days after the execution of the modification.

7. Determination of Fair and Reasonable Cost:

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition:

A follow-on IDIQ contract for A/E work for Oil Management, Waste/Hazardous Material Management, Toxic Substances Control, and other Environmental Compliance Engineering Support is being procured by NAVFAC Atlantic and award is anticipated in December 2026.

The NTE amount has been increased from $75M up to to accommodate the increased program requirements. New projects not discussed in this document that meet requirements based on scope, location, and dollar value will be competed on a standalone basis until the new IDIQ has been awarded.