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DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A ML-21-50

28 September 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. The requiring Agency is the United States Navy; the contracting activity is the Naval Facilities Engineering Systems Command; the contracting office is the Naval Facilities

Engineering Systems Command, Mid-Atlantic, Norfolk, Virginia.

2. Description of the Action Being Approved. Award of a sole-source Facility Support, Indefinite

Delivery Indefinite Quantity Contract with non-recurring services for Educational Services necessary to develop and manage the Apprenticeship Program in support of Naval Facilities

Engineering Systems Command, Mid-Atlantic (NAVFACSYSCOM MIDLANT).

3. Description of Supplies/Services. The works consists of providing all labor, management, supervision, tools, and materials necessary to provide educational services necessary to develop and manage the Apprenticeship Program in support of NAVFACSYSCOM MIDLANT. The

Apprentice Program establishes an effective method for registering, billing and delivering accredited college education to employees of NAVFACSYSCOM MIDLANT enrolled in the apprentice program to earn Associates of Science degrees in various trades as follows: HVAC

Mechanic, Electrician, High Voltage Electrician, Auto Mechanic, and Heavy Mobile Equipment

Mechanic. Although this contract is not technically a follow-on, it is pertinent that the contract be awarded to Tidewater Community College (TCC) to avoid substantial duplication of cost to the

Government. The Apprenticeship is an ongoing program in which it is necessary for students to obtain training from the same educational institution throughout the multiple year program. Two previous contracts were awarded to Tidewater Community College for similar services, the most recent was awarded for the apprenticeship under Contract N4215818DN002, on behalf of Norfolk

Naval Shipyard (NNSY) in Portsmouth, VA. This instant requirement will be a Facility Support, Indefinite Quantity Indefinite Delivery (IDIQ) type contract with non-recurring services for a 12-month base period and up to four (4) 12-month option periods, not to exceed 60 months. The anticipated cumulative value of the contract is an estimated $947,201.00

4. Statutory Authority Permitting Other Than Full and Open Competition. FAR 6.302-1 and 10

U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements. Under this authority, services may be obtained only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in: (A) substantial duplication of cost to the

Government that is not expected to be recovered through competition, or (B) Unacceptable delays in fulfilling the agency’s requirements.

5. Rationale Justifying Use of Cited Statutory Authority. TCC is uniquely qualified to provide the services as herein required. TCC is the only accredited junior college within a 50-mile radius of

NAVFACSYSCOM MIDLANT that can provide the requisite support, accredited courses and necessary academic schedules to meet the requirements of the Apprentice Program. Employees are currently enrolled in TCC’s apprenticeship program and have earned credits towards various TCC

Associates of Science degrees. If students were to receive educational services from another brandi.upton Stamp institution, it could potentially result in duplicative expenditures of money, time, and effort of retaking courses due to each school having different program requirements in achieving the same degree.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Market research was conducted in accordance with FAR Part 10 to determine if sources capable of satisfying the requirement exist and the size status of potential sources. On 10 June 2021, a sources sought notice was posted requesting capability packages be submitted by all interested parties no later than 24 June 2021. No capability packages were received. Additionally, a Dynamic Small

Business Search (DSBS) was performed on 10 June 2021 for the subject requirement utilizing

NAICS Code 611210 and Southeast Virginia area codes 757 and 948. The DSBS search yielded four (4) small businesses that were considered not capable of performing the requirements due to distance or accreditation. An internet search for a listing of all community colleges in the states of

Virginia and North Carolina was also conducted. Of the four (4) accredited junior colleges within a

50-mile radius, only TCC possesses all of the required courses in degree paths for each of the specific trades.

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. The Contracting Officer will determine that the price is fair and reasonable through negotiations with the contractor and by comparison to an independent government estimate and other historical data.

8. Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, NAVFACSYSCOM Mid-Atlantic has no plans at his time to compete future contracts for the types of services covered by this document. If another potential sources emerges, competition for future requirements will be assessed.

CONDITIONS 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:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

ECHELON IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

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

APPROVING OFFICIAL – ECHELON IV COMMANDING OFFICER

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)(1).

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2021-11-01T13:12:15-0500
SMITH.HOWARD.ANTHONY.1246399219
2021-11-09T09:36:31-0500
HAMILTON.LEEARJETTA.W.1061277265
2021-12-08T09:19:17-0500
KAHLER.KIMBERLY.R.1229635650
2021-12-08T10:40:46-0500
MEEK.GORDON.EUGENE.III.1159472244

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