JA_F4238_Approved.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS

COMMAND NORTHWEST

1101 TAUTOG CIRCLE

SILVERDALE, WASHINGTON 98315-1101

N44255-16-D-2006/21F4238

J&A No. 23-05JA

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 Northwest (NAVFAC NW), Silverdale, WA.

2. Description of the Action Being Approved.

This justification requests approval to extend the contract completion date to September 23, 2023 under task order N4425521F4238 under N44255-16-D-2006 for Post Construction Award Services (PCAS) under project RM20-0165 (Phase 3 & 4) Seismic Resiliency S. Extension, PSNS, NBK Bremerton, WA. The original contract was awarded on August 12, 2021 and the period of performance ended on November 20, 2021. This will be a no-cost time only extension to the period of performance to allow completion of the remaining Architect and Engineering services for office consultation, Field Consultation During Construction (FCDC) days, and the Record Drawing Preparation. The construction project these services support is estimated to be complete in June of 2023.

To date, there is $265,049.23 of unliquidated funds remaining on the contract and approximately 45% of the total obligated amount $593,252.00.

3. Description of Supplies/Services

The architect and engineering (AE) services include Post Construction Award Services (PCAS) office consultation, Field Consultation During Construction (FCDC), Office Consultation, Submittal Review, PCAS Travel, and Record Drawing preparation.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The authority permitting other than full and open competition is Title 10 U.S.C. 2304 (c)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2(a), Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

The government unintentionally miscalculated the Building Occupancy Date (BOD) and did not provide the AE contractor a realistic schedule.

The impact of not extending the period of performance will negatively affect the government because the construction project will be delayed resulting in financial loss to the government.

Substantial duplication of cost to the Government that is not expected to be recovered through competition in accordance with (FAR 6.302) Circumstances permitting other that full and open competition.

No other courses of action will satisfy the requirement or be in the best interest of the Government in accordance with (FAR) 6.302-2(b)(2), where delay in award of this project would result in serious injury, financial or other, to the Government.

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

Pursuant to FAR 5.202(a)(2) a synopsis is not required when an unusual and compelling urgency precludes competition and the Government would be seriously injured if the agency complied with the notice requirements specified by the regulations.

Additionally, in accordance with 6.305(b), the J&A will be posted within 30 days after the execution of the modification. The current contractor was selected under a best value, tradeoff scenario, has maintained satisfactory or better performance, is current under the System Award Management (SAM) website, with no exclusions and is the best practicable solution while the source selection process is completed for the follow on contract.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable based on the pre-negotiated rates in the base contract and task order.

8. Actions to Remove Barriers to Future Competition.

NAVFAC Northwest has no plans at this time to compete this requirement for PCAS services. If another potential source emerges, NAVFAC Northwest will assess whether competition for future requirements is feasible.

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 and Requirements Cognizance:

KEVIN P. BONNER Phone Number Date Senior Structural Engineer NAVFAC Northwest

I have determined that this Justification is legally sufficient.

FREDERICK R. SCIULLI Phone Number Date Legal Counsel NAVFAC Northwest

CONTRACTING OFFICER CERTIFICATION

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

RONALD P. SMITH Phone No. Date Contracting Officer NAVFAC Northwest

APPROVING OFFICIAL (NFAS 6.304)

Upon the basis of the above justification, I hereby approve, 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.

STEPHANIE A. GUILLORY Phone Number Date Division Director, CORE Execution NAVFAC Northwest

(360) 994-8579 30NOV22