JA_N62470-19-D-5015_PCAS_SAM.gov_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 24-02

SOLE SOURCE JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR RLF AND SHERLOCK SMITH AND ADAMS JV

POST CONSTRUCTION AWARD SERVICES (PCAS)

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command, Southwest (NAVFAC SW), San Diego, California (CA).

2. Description of the Action Being Approved.

Request approval to award a follow-on contract to RLF and Sherlock Smith and Adams JV without full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii), Only One Responsible Source and no Other Supplies or Services Will Satisfy Agency Requirements.

3. Description of Supplies/Services.

Provide Post Construction Award Services (PCAS) and Field Consultation during Construction in support of the construction of the Veterinary Facility at Marine Corps Base (MCB) Camp Pendleton (CPEN), CA.

The Period of Performance (PoP) of PCAS will be 700 days from date of execution of this contract.

The estimated dollar value of this contract action (including Options for Commissioning and eOMSI Submittal Review) is approximately based on the IGE utilizing historical data and input from subject matter experts.

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

The statutory authority permitting other than full and open competition is Title 10, U.S.C. 3204(a)(1), as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source and no Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

RLF and Sherlock Smith and Adams JV, the Architect-Engineering (A-E) firm on the A-E Indefinite Delivery, Indefinite Quantity (IDIQ) Contract for Medical Services, was competitively awarded Contract N62470-19-D-5015 Task Order (TO) N6247321F4118 on November 25, 2020 to prepare the Design-Bid- Build (DBB) Request for Proposal (RFP) and provide bid support for the Veterinary Facility at MCB

CPEN, CA.

RLF and Sherlock Smith and Adams JV provided the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the construction of a Veterinary Facility supporting Military Working Dogs (MWD) and Privately Owned Animals (POA) at Camp Pendleton, MCB CPEN, CA. Unfortunately, TO N6247321F4118 did not include an option for PCAS and the PoP expired on January 31, 2023. The DBB Construction TO for the Veterinary Facility was awarded on June 30, 2023 under Contract N62473-22-D-1403 TO N6247323F4876 by NAVFAC SW and requires PCAS support.

RLF and Sherlock Smith and Adams JV is the only qualified source to provide the follow-on PCAS services given their unique, highly specialized, medical background, and intimate knowledge of the design and development of the DBB Construction RFP in connection with N62473-22-D-1403 TO N6247323F4876. Specifically, RLF and Sherlock Smith and Adams JV developed the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the construction of a Veterinary Facility supporting MWD and POA, and retains most of the data, and information used to develop the DBB RFP and full design.

The current requirements to provide PCAS for the Construction Contract N62473-22-D-1403 TO N6247323F4876 at MCB CPEN require that only RLF and Sherlock Smith and Adams JV be awarded the TO for the following reasons:

a) RLF and Sherlock Smith and Adams JV prepared the plans and specifications used to construct the Veterinary Facility. To request another A-E firm to provide consultation and support based on those plans and specifications would result in additional unacceptable delays, greater cost, and negatively impact the proposed DBB Construction effort.

b) The proposed facility and supporting facilities include utilities, site improvements, parking, signage, antiterrorism force protection measures include a variety of project specific equipment and infrastructure that are built into the plans and specifications of the construction project.

Should another A-E firm be awarded the PCAS, they would lack the details and calculus required for designing the project in specific, current outlay. The extensive learning curve required to obtain the necessary information from RLF and Sherlock Smith and Adams JV would result in unacceptable delays, substantially increased duplicative costs that would not be expected to be recovered through the use of competitive procedures, and adversely affect the construction effort.

The Government receives optimum value from utilizing RLF and Sherlock Smith and Adams JV, which is best characterized as a continuation of A-E services and ensuring that the construction efforts meet the plans and specifications as developed by their firm. RLF and Sherlock Smith and Adams JV has the background knowledge and capability of providing the unique and highly specialized services necessary to cost effectively and efficiently complete the PCAS effort required. Therefore, it is in the Government’s best interest to award directly to RLF and Sherlock Smith and Adams JV. If the Government were to compete the work among other A-E contractors, the advantage that RLF and Sherlock Smith and Adams JV has over the competition would not yield fair opportunity to the other firms.

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

Due to RLF and Sherlock Smith and Adams JV’s intimate knowledge of the project, standard market research procedures for other qualified firms was not practical to be conducted in accordance with FAR Part 10. Other than full and open competition is necessitated by the factor that only one responsible source and no other supplies or service will satisfy agency requirements (FAR 6.302-1(a)(2)(iii)) under the authority of 10 U.S.C. § 3204(a)(1). In accordance with FAR 6.305, this Justification and Approval (J&A) will be published and made publicly available within SAM.gov. No additional market research was conducted because it is not practicable for the reasons discussed in Paragraph 5 above for any company other than RLF and Sherlock Smith and Adams JV to provide the required services.

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 SW does not intend to compete this requirement for the services covered by this document. This is a unique, isolated instance in which the need to waive the requirement to give fair opportunity to a different A-E IDIQ contractor is overwhelmingly justified by RLF and Sherlock Smith and Adams JV’s unique and highly specialized experience, specifically their direct involvement in the design development for the construction contract for the Veterinary Facility at MCB CPEN, CA. In other planned TOs, NAVFAC SW will continue to comply with all applicable statues, regulations, and policies.

J&A No. 24-02

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.

Technical Cognizance:

Phone No. Date Director of Planning, Design & Construction

NAVFAC SW

LEGAL SUFFIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date

NAVFAC SW

APPROVING OFFICIAL

WARRANTED CONTRACTING OFFICER

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

Upon the basis of the above justification, I hereby approve, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of

Phone No. Date

Planning, Design & Construction Contracting – Marine Corps (PDCMAR)