JA ML-26-35_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK VIRGINIA 23511-3095

J&A No. ML-26-35

CON/124

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 with Brymark & Associates, Inc. This action will increase CLIN 0012 Non-Recurring Work from $2,028,825, by $1,500,000, to $3,528,825 (estimated) for the current year.

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 backlog of unanticipated repairs required to various HVAC systems and related equipment at Naval Submarine Base New London. Further, ten additional buildings not previously covered by the contract were recently added, but the non-recurring services capacity was not adjusted accordingly to accommodate the additional infrequent workload demands.

4. Statutory Authority Permitting Other than Full and Open Competition. Pursuant to Revolutionary FAR Overhaul (RFO) 6.103-2, this modification will be acquired under the authority of 10 USC 3204(a)(2), Unusual and compelling urgency. The agency’s need for these services is of such 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 method 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. The most effective method 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.

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 and civilians, and possibly have an adverse impact to the mission at Naval Submarine Base New London.

J&A ML-26-35

CON/124

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the urgent repairs that are required, it is not practical or in the Government’s best interest to solicit additional sources for the work. An increase in capacity for 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 the time of the 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.