JA ML-24-51.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-24-51

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Naval Facilities Engineering Systems Command Mid-Atlantic, Naval Submarine Base New London, Groton, Connecticut.

2. Description of the Action being Approved. Award of a contract modification to increase the estimated value for the non-recurring services portion of Contract N40085-21-D- 0002, HVAC Services IDIQ. This action will increase CLIN 0008 Non-Recurring Work from $1,264,412.50, by $700,000, to $1,964,412.50(estimated) for the current year. The proposed action will increase the 3rd option period (CLIN 0007 & 0008) from $3,922,058.37, by $700,000 to $4,622,058.37 (estimated).

3. Description of Supplies/Services. The work consists of HVAC non-recurring services required to maintain, repair, and replace equipment and related systems. A one-time increase in contract capacity for non-recurring services is requested to accommodate a back-log of unanticipated repairs required to various HVAC systems and related equipment at Naval Submarine Base New London. Further, this contract added requirements for multiple buildings not previously covered, but the non-recurring services capacity was not adjusted accordingly to accommodate the additional infrequent workload demands. Attachment 1 shows the non-awarded items requested.

4. Statutory Authority Permitting Other than Full and Open Competition. Pursuant to FAR 6.302-2, this modification will be acquired under the authority of 41 USC 3204(a)(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). The most effective manner to accomplish infrequent or non-recurring services is to modify the existing contract rather than issue a new solicitation for these urgent HVAC requirements. The incumbent contractor is already mobilized at the installation and is intimately familiar with the work.

5. Rationale Justifying use of Cited Authority. Use of the authority cited above is deemed appropriate due to the substantial duplication of costs and services associated with obtaining another contractor unfamiliar with the work. In addition, further delays in repairs and other services to critical equipment could disrupt base operations and could cause significant financial damage to real property, affect the quality of life for military

J&A No. ML-24-51 and civilians, and possibly have an adverse impact to the mission at Naval Submarine Base New London.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Since there is only one practical source for the required services, no market survey has been conducted. An increase in capacity of the subject contract is considered the only reasonable means to accomplish the work in this instance.

7. Determination of Fair and Reasonable Cost. The contract price was determined to be fair and reasonable at time of award based on price competition. Existing ELIN unit pricing will be used, only the quantities will be adjusted to reflect the increased capacity.

8. Actions to Remove Barriers to Future Competition. The follow-on contract action will incorporate an increased capacity and will include any other adjustments deemed necessary to support competition for future acquisitions of these same services.