JA_N4019224C5401.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MARIANAS

PSC 455, BOX 195

FPO AP 96540-2937

J&A No. N4019224C5401

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

NAVFAC Marianas, Utility Contracting / ACQ 2B

2. Description of the Action Being Approved.

Award of contract N4019224C5401 on a sole source basis for construction services for WON1652400 Replace Existing Deteriorated Pole Mounted Transformer with New Pad Mounted Transformer at Radio Barrigada, Naval Base Guam, in the amount of $1,344,854.26.

3. Description of Supplies/Services.

This is a construction project to replace a bank of deteriorated pole mounted transformers with a pad mounted transformer. The contractor shall provide all labor, materials, equipment, permit and clearances, architectural and engineering services, transportation, supervision, and other incidental work required for the project. Other incidental work required includes any and all items and considerations necessary to ensure a complete and usable final product, including, but not limited to, the necessary design and construction considerations not specifically stated elsewhere in this statement of work.

Estimated Dollar Value

FY24

Total

RDT&E

OPN

O&MN $1,344,854.26

TOTAL $1,344,854.26

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

10 U.S.C. 2304(c)(2), Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

This project was competed and awarded under the 8(a) Small Business Multiple Award Contraction Contract. On 2/23/2024 a Request for Proposal was issued to all five of the 8(a) MACC holders with task order N4019224F4102 issued on 4/18/2024 to Infratech International in the amount of $1,344,854.26.

On 5/2/2024 NAVFAC Pacific flagged the task order award as non‐compliant as the award was made after the Last Date to Order on the basic contract. On 5/7/2024 the KO and Legal team determined that a Termination for Convenience of task order N4019224F4102 with the award of a stand‐alone contract to Infratech for the construction project would be the appropriate corrective action. Infratech is currently mobilized and has long lead items on order. The award of the stand‐alone contract to Infratech would not require additional time and effort to resolicit and award the project which would result in additional delays of nine months to well over a year.

WON1652400 Replace Existing Deteriorated Pole Mounted Transformer with New Pad Mounted Transformer at Radio Barrigada, is a critical project in support of the Guam Missile Defense System (MDS).

MDS is currently ongoing with two radar/satellite domes near completion and several more to be completed in the coming weeks. Upgrades to the utility infrastructure in Radio Barrigada is greatly needed to ensure the success of the program. The condition of the utility infrastructure at Radio Barrigada is in poor condition and would eventually fail to support the MDS program. Thereby, creating a compelling urgency for the completion of the construction project.

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

This project had been competed amongst all the five 8(a) MACC holders in February 2024 with the eventual award being made to the lowest price offer.

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.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVFAC Marianas has no plans at this time to compete this contract for project WON1652400 covered by this document.

J&A No. N4019224C5401

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.

Genevieve Quintanilla, Management Analyst

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Rebecca Wrightson, Assistant Counsel

CONTRACTING OFFICER CERTIFICATION

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

Matthew Blaz, Supervisory Contracting Officer

CHIEF OF CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve, as [insert title of the Approving Official], the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(x)(provide appropriate citation).

Eugene Diaz, CCO