JA ML-21-46.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-21-46 25 June 2021

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), Facilities Engineering Acquisition Division (FEAD) Marine Corps Air Station (MCAS) Cherry Point, North Carolina.

2. Description of the Action Being Approved: Award of a 2-month extension, with an option to include 4 (four) one-month extensions, to Contract N40085-15-D-4702, Equipment Operation and Maintenance for the Central Energy Building Naval Health Clinic (NHC) at MCAS Cherry Point, Havelock, North Carolina.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform equipment operation and maintenance at the central energy building at the NHC at MCAS Cherry Point, North Carolina.

The bridge action will be effective from 01 July 2021 up to and including 31 August 2021 with an estimated amount of REDACTED (REDACTED recurring services, REDACTED non-recurring services). The current contract completion date is 30 June 2021. This action will also include options for up to 4 (four) one month additional months. If all options are exercised, the cumulative value is an estimated REDACTED and a total period of performance to 31 December 2021, if needed. The current contract completion date is 30 June 2021.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(2);

FAR 6.302-2, Unusual and compelling urgency. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C.

2304(c)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency.

The agency’s need for these services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.22(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for continuing equipment operation and maintenance services at the central energy building at NHC MCAS Cherry Point, North Carolina. This is a third bridge action request on this requirement. The solicitation of the follow-on contract was initially delayed due to the COVID-19 pandemic, which caused significant delays in the final specifications being received by the Contracting

J&A No. ML-21-46 25 June 2021

Department. Although proposals have been received, discussions are required in order to determine a successful offeror. This will require additional time. This bridge action is required to complete the source selection process and award the follow-on contract considering the required 30-day phase-in period. Without a bridge contract, there is not sufficient time to award a new contract before the current contract expires, and undertaking a stand-alone procurement for these services will result in significant gap in these critical equipment operation and maintenance services, which include providing utilities equipment, operation and maintenance of chillers, steam and compressed air for the central energy building at NHC. The contract extension will ensure that the NHC can continue to operate and provide much-needed outpatient surgeries and medical treatment for all active duty military and dependents stationed on MCAS Cherry Point. A failure to perform these critical services will adversely affect both military and civilian personnel and could result in immediate life, health and safety issues that can severely impact military training, and cause work stoppage.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the urgent need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. The incumbent is currently mobilized at the site, is intimately familiar with the work to be performed, and is performing satisfactorily.

7. Determination of Fair and Reasonable Cost. The price was determined to be fair and reasonable prior to award, and pricing for this 2-month extension will remain the same pending a change in the SCA wage determination and/or the Collective Bargaining Agreements.

Therefore, 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. This is a one-time exception to full and open competition, which is dictated by the exigent attendant circumstances. The follow-on contract will be awarded based on full and open competition after exclusion of sources in accordance with FAR 6.204.