JA ML-21-58 _Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-21-58 02 September 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), PWD Maine.

2. Description of the Action Being Approved: Award of a 6-month extension with up to two additional three month bridge options to Contract N40085-17-D-7203, Fire Suppression Services at Portsmouth Naval Shipyard, Kittery, Maine. The extension is necessary in order to complete pre-award activities and award the follow-on contract considering the 30-day phase-in period requirement.

3. Description of the Supplies/Services: This requirement prevents deterioration and corrects deficiencies of all fire suppression systems at Portsmouth Naval Shipyard in a timely manner to ensure the protection against potential fire damage and/or injury for all military, civilians, contractors, buildings, facilities, and sites on the shipyard. The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform the following services:

a. Maintain, repair, and alter Fire Suppression Systems to ensure they are fully functional and in normal working condition

b. Perform service order work in a timely manner and ensure fire suppression equipment and systems are restored to a safe, normal working conditions and function properly.

c. Respond to emergency service orders and arrest emergent conditions to minimize and mitigate damage to installed Fire Suppression equipment and systems and danger to personnel.

d. Complete urgent service orders in a timely manner and ensure installed Fire Suppression equipment and systems are restored to a safe, normal working condition and function properly.

e. Complete routine service orders in a timely manner and ensure installed Fire Suppression equipment and systems are restored to a safe, normal working condition and function properly.

f. Develop and implement a PM program for installed Fire Suppression equipment and systems to ensure proper operation, to minimize breakdowns, and to maximize useful life.

g. Perform maintenance on fire protection systems to ensure safe, reliable, uninterrupted fire protection service.

The bridge will be effective from 01 October 2021 to and including 31 March 2022 with an estimated value of $ ($ recurring services, $ non-recurring services) using FY22 OM,N funding. The first three-month option, if exercised, will be effective 1 April 2022 to and including 30 June 2022 with an estimated value of $ ($

J&A No. ML-21-58 31 August 2021 recurring services and $ non-recurring services). The second three-month option, if exercised, will be effective 1 July 2022 to and including 30 September 2022 with an estimated value of $ ($ recurring services and $ nonrecurring services). The total bridge amount if all options are exercised will be $ ($ recurring services and non-recurring services).

4. Statutory Authority Permitting Other Than Full and Open Competition: 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) as implemented by 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 urgent and compelling need for continued fire suppression services at Portsmouth Naval Shipyard, Kittery, Maine while the follow-on contract is awarded.

The contracting activity experienced a delayed receipt of the requirements package, as it was received on 22 February 2021, approximately 7 months prior to the current contract’s expiration date of 30 September 2021 which is not enough time to complete pre-award/award activities.

Although market research has been performed, the Acquisition Planning documents are completed, and the RFP documents are drafted, it is not possible to complete remaining activities and award the follow-on contract prior to expiration of the current contract on 30 September 2021, considering the 30-day mandatory phase-in/transition period. Remaining pre-award/award activities require at least another 60-90 days.

Continuing fire suppression services is essential, as it ensures that all military, civilians, contractors, building, facilities, and sites of the shipyard are protected from potential fire damage and/or injury. Failure to perform fire suppression services could potentially be life-threatening to military, civilians, and contractors who work on the shipyard; and, furthermore, it could lead to significant property damage to mission-essential buildings, facilities and sites on the shipyard.

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 Faith and Reasonable Cost: The price was determined to be fair and reasonable prior to award, and pricing for this 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. As discussed in Section 5, NAVFAC is already in the process of developing the follow-on contract which will be awarded based on full and open competition after exclusion of sources in accordance with FAR 6.203.

***Signature Page Redacted for Posting