JA ML-20-55 Boilers Redacted_Redacted.pdf

J&A No. ML-20-55

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Naval Facilities Engineering Command, Mid-Atlantic, Public Works Department Great Lakes.

2. Description of the Action Being Approved.

Award of a contract on a sole source basis with Independent Mechanical, Inc. to inspect and repair as needed 5 Boiler units servicing buildings 140, 7101, 7102, 7103, 7104 at Recruit Training Command (RTC), Naval Station Great Lakes, Illinois.

3. Description of Supplies/Services.

Furnish all labor, equipment and materials to repair the boiler and burner assemblies of Boiler #1-4 at the B-7104 Steam Plant located on Recruit Training Command (RTC), Naval Station Great Lakes. Boiler #3 recently experienced a failure at the connection between the boiler and burner, resulting in the boiler placed out of service. Investigation shows Boilers #4, #2 and #1 require inspection and repair at the same failure location as Boiler #3. The estimated value of this action is and will be funded by FY20 O&M, N sustainment funds. The period of performance is 30 days from contract award.

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

Pursuant to FAR 6.302-2, this acquisition will be acquired under the authority of 10 U.S.C.

2304(c)(2), Unusual and Compelling Urgency. FAR 6.302-2 permits other than full and open competition when an unusual and compelling urgency precludes full and open competition, and delay in award of a contract would result in serious injury, financial or other, to the Government.

5. Rationale Justifying Use of Cited Statutory Authority.

The statutory authority cited in Paragraph 4 above is applicable due to the urgent nature of the work. There is only one boiler in operation at this time. This building houses recruits during their basic training. This building is critical to Recruit Training Command’s mission. The building’s water must be heated and galleys kept operational; RTC’s ability to properly house and feed sailors will be materially degraded. The building does not have alternate means of steam. The boiler 3, suddenly and without warning, developed a hole at the boiler-burner assembly point on July 19th, 2020, at which time in-house Public Works Department (PWD) shop personnel responded, but could not make repairs as the needed repairs are beyond the scope of the PWD’s ability. Naval Station Great Lakes is not licensed to make the NBIC Certificate of Authorization and R symbol stamp welding that is needed on #3 boiler. The other boilers will need similar welding from the hot spots discovered in and around the boiler/burner connection point.

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

The proposed contract was not synopsized on the FEDBIZOPS website due to the exigent circumstances described in this document. FAR 5.202(a)(2) provides an exception to synopsis requirements where unusual and compelling urgency precludes competition to the maximum

J&A No. ML-20-55 extent practicable. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above. The proposed awardee, Independent Mechanical, Inc. is a large business and is a known entity at PWD Great Lakes, having completed several projects of various sizes and scopes satisfactorily as a sub-contractor or joint-venture entity. Independent Mechanical has historical data and performed maintenance on these boilers in the past.

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.

NAVFAC Mid-Atlantic may be able to compete future contracts for the types of services covered by this document. The urgent and compelling need is based on both the nature of the work and the timeframe in which the work must be completed. If another potential source emerges, NAVFAC Mid-Atlantic will assess whether competition for future requirements is feasible.