JA ML-21-65 _Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML 21-65

21 September 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Command, Mid-Atlantic (NAVFAC MIDLANT), Public Works Department (PWD) Maine

2. Description of the Action Being Approved: Award of a 6-month extension with up to one additional 6 month bridge option to Contract N4008517D7202, Northern Sites FX Services, PWD-Maine, servicing the locations of Cutler, Prospect Harbor, Rangeley, Great Pond, Portsmouth Naval Shipyard (PNSY), ME and NOSC White River Junctions, VT. The extension is necessary in order to complete pre-award activities and award considering the required 30-day phase-in period for a follow-on to the current contract.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform janitorial services, grounds maintenance, snow plowing, and pest control services on a combined firm fixed price, indefinite quantity basis for the locations of Cutler, Prospect Harbor, Rangeley, Great Pond, Portsmouth Naval Shipyard (PNSY), ME and NOSC White River Junctions, VT. The bridge will be for a 6-month period from 01 October 2021 to and including 31 March 2022 with an estimated value of $ ($ recurring services, $ non-recurring services). The modification will also include one additional six-month option. If exercised, the option will be effective 1 April 2022 to and including 30 September 2022 with an estimated value of $ ($ recurring services and $ non-recurring services). The total bridge amount if all options are exercised will be an estimated $ . Note that the values are different for each option period due to the variation in services performed during the periods of performance. The total bridge amount if all options are exercised will be $ . The funding planned for this acquisition is Fiscal Year 2022 Operations and Maintenance, Navy funding.

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 need for continued janitorial services, grounds maintenance, snow plowing, and pest control services at Cutler, Prospect Harbor, Rangeley, Great Pond, Portsmouth Naval Shipyard (PNSY), ME, and NOSC White River Junctions, VT, while PWD Maine continues to work on pre-award and award of the follow on contract.

Through acquisition planning, MIDLANT Public Works and Contracting determined that it would be in the best interest of the Government to consolidate this contract with the Northern Sites Commercial Services contract for contract administration efficiency and savings. The re-procurement and award of the follow-on consolidated services contract will not be completed before the current contract expires on 30 September 2021 due to the effort required to combine both contract requirements, solicit and award the follow-on contract. Those activities will not be completed prior to expiration of the current contract. Only the incumbent contractor is capable of performing services without disruption and substantial duplication of costs and unacceptable delays in fulfilling the agency’s needs.

Continuing required services, maintenance, and repairs, for the building systems at Cutler, Prospect Harbor, Rangeley, Great Pond, Portsmouth Naval Shipyard (PNSY), ME and NOSC White River Junctions, VT is essential. The contract extension will ensure that critical buildings and grounds will be properly maintained and repaired ensuring that all facilities remain operational. Failure to perform required ongoing maintenance services will severely affect the mission of Northern Sites Locations and could affect both military and civilian personnel alike if systems were to become unstable or unusable. In lieu of a shorter duration, due to the consolidation of this contract with the Northern Sites Commercial contract, the need for a six-month contract with a six-month option arises from the critical requirement in the Commercial Services contract for the NCTAMS Cutler Helix Houses that must be completed in July of each year. If NAVFAC considered a shorter duration, the new contract would have a start date of July. This would be extremely challenging for a new contractor to perform the 180’ lift and the necessary work on the ice houses in the mandated two-week window due to the local climate.

This contract must maintain the same period of performances in order to complete the award of the consolidated contract without losing the continuity of services under this contract.

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 6-month extension with one, six-month bridge option will remain the same pending a change in the SCA wage determination and/or the Collective Bargaining Agreements.

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.

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