JA_ML-23-39_Railroad_Requirement_NSA_Crane_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A ML-23-39

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT), Public Works Department, Naval Support Activity, Crane, Indiana

2. Description of the Action Being Approved.

Award of a five-month extension with seven one-month option periods to contract N4008519D7701, requirements contract, Railroad Repair and Maintenance, Naval Support Activity, Crane, Indiana with Alltrack, Inc. This extension is necessary to provide maintenance and repairs on railroad trackage that is integral to base operations. The follow-on procurement is expected no later than 07 August 2023 or if the seven one-month options are exercised, 07 March 2024. In addition, the value of the contract will be increased by $700,000.00 to allow for additional capacity during this period

3. Description of Supplies/Services.

This requirement contract provides railroad maintenance, replacement and/or repair. This requirement was competitively procured as an unrestricted procurement. The contract was awarded on 08 March 2019 for a base and three option years with a NTE amount of $10,000,000. The fourth and final option year expires on 07 March 2023 with a remaining capacity of $3,004,046.70.

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

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. 3204(a)(2) as implemented by Federal Acquisition Regulation paragraph 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 5.202(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 critical railroad maintenance, and/or repair that is integral to base operations. Neglected railroad repairs and maintenance or replacement may cause significant roadway closures, production delays, disrupting both civilian and military personnel mission. Without this contract, PWD Crane will have no vehicle in place to maintain and/or repair railroads, and related requirements. Several projects on the Fiscal Year 2023 Joint Memo Agreement require award between March 2023 and October 2023. In addition, railroad trouble calls require maintenance and repair within thirty days or the railway must be shut down.

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

It would not be practicable or in the best interest of the Government to solicit additional sources in the interim as the current contractor is currently mobilized, performing satisfactorily, and intimately familiar with the work to be performed.

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 based on the current contract awarded using competitive procedures and current unit pricing will remain unchanged.

8. Actions to Remove Barriers to Future Competition.

This is the first exception to the full and open competition, which is dictated by the necessary requirements. Market research has indicated that the follow-on procurement will be issued as an unrestricted procurement. The follow-on procurement will posted to the Contracting Opportunities page on the SAM.GOV website and will be awarded using competitive procedures.

CERTIFICATIONS 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.

FETTCHENHAUER.SCOTT Digitally signed by FETTCHENHAUER.SCOTT.R.1170056929

.R.1170056929 Date: 2023.02.15 11:50:19 -05'00'

Scott Fettchenhauer Date FSC Branch Manager PWD Crane, NAVFAC Mid-Atlantic

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Howard Smith Date Assistant Counsel NAVFAC Mid-Atlantic

CONTRACTING OFFICER CERTIFICATION

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

Carrie L. Grimard Date Supervisory Contract Specialist NAVFAC Mid-Atlantic, PWD CRANE

APPROVING OFFICIAL (NPGI 6.304) ECHELON IV CHIEF OF THE CONTRACTING

OFFICE

Upon the basis of the above Justification, I hereby approve the contract modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204( )(2).

Kimberly R. Kahler Chief of the Contracting Office NAVFAC Mid-Atlantic

Date

SMITH.HOWARD.ANTHONY.1246

399219

Digitally signed by

SMITH.HOWARD.ANTHONY.1246399219

Date: 2023.02.15 12:47:37 -06'00'

GRIMARD.CARRIE.L.12303

17611

Digitally signed by

GRIMARD.CARRIE.L.1230317611

Date: 2023.02.15 13:58:28 -05'00'

Digitally signed by KAHLER.KIMBERLY.R.1229635650 Date: 2023.03.03 20:49:12 -05'00'