JA_NAVFAC SW NR MASC EXT_REDACTED.docx

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 25-13-2

J&A No. 25-13-2 January 2025

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of the Action Being Approved.

Request approval to award an out-of-scope modification that would allow for a 12-month extension to Contracts N62473-20-D-0021, N62473-20-D-0022, N62473-20-D-0023, and N62473-20-D-0024, Indefinite Delivery Indefinite Quantity (IDIQ) Natural Resources (NR) Multiple Award Service Contract (MASC) (overall referred to as the “NR MASC”) contract.

In accordance with Navy Marine Corps Acquisition Regulation Supplement 5206.303-2(a)(iv), an approved Request for Authorization of Bridge Contract signed on January 15, 2025, is provided with this Justification and Approval (J&A).

3. Description of Supplies/Services.

The NR MASC is used to award task orders for services for botanical, ornithological, mammal, amphibian, reptile and invertebrate surveys; wetland delineations; biological monitoring; soil sampling and analysis; natural resources management plans, native plant community planning and restoration, wildland erosion control plans, fire management plans; analysis of the effect of military training or similar extensive land uses on natural resources at the species, community and landscape scale; and use of this information to predict ecological trends; natural resources and land use model development (including both conceptual and mathematical modeling); aerial photos interpretation of land use and natural resources in non-urban areas; geographic information systems (GIS); research on natural resource related optics; and preparation of interpretive materials on natural resources topics at various military installations located in the NAVFAC SW area of responsibility to include, but not limited to: Arizona, California, Colorado, Nevada, New Mexico, Utah, Oregon and Washington.

The Contracts were awarded to four (4) contractors on March 2, 2020, as follows: N62473-20-D-0021 to Vernadero Group, Inc, N62473-20-D-0022 to Gulf South Research Corporation (GSRC), N62473-20-D-0023 to BioResource Consultants Inc., and N62473-20-D-0024 to Hercules Joint Venture. The proposed action will extend the existing contract for twelve (12) months to March 1, 2026. The total awarded amount to date is approximately $23,067,091.65. No additional capacity is being added.

The aforementioned contractors have been successful in the performance of their contracts, thus supporting this request for their continued performance of these natural resource-related services.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. Section 3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

The NR MASC Contracts are the NAVFAC SW acquisition vehicles that were competitively procured to provide Natural Resources services. These services are critical to support natural resource-related service requirements such as botanical, ornithological, mammal, amphibian, reptile and invertebrate surveys; wetlands delineations; biological monitoring; soil sampling and analysis; and natural resources management plans. If an extension to the period of performance is not granted, natural resources service task orders will need to be procured through NAVFAC Pacific (PAC) contracts. However, it has been determined that the PAC natural resources service basic contracts are not suitable for regular use as they are not primarily designed to support NAVFAC SW needs. The NR MASC Contracts are all in their final option period, which will expire on March 1, 2025. The follow-on NR MASC will not be awarded until March 1, 2026. The increased period of performance of 365 days will allow for new task orders to continue services until the follow-on NR MASC is awarded.

A unique feature of NAVFAC SW’s NR MASC is the ability to award pre-priced ELINs for natural resources projects within just a few days of receiving the requirement and funding. This rapid execution capability is critical to NAVFAC SW’s ability to respond promptly to emergent, critical events associated with construction, such as engaging biological monitors to ensure that military constriction can proceed without significant delays. With the pre-priced ELINS in the NR MASC, NAVFAC SW can receive requirements from supported commands late in the fourth quarter of the fiscal year and still award the projects before the fiscal year ends. Without this type of acquisition tool (a contract vehicle with pre-priced ELINs), NAVFAC SW would not be able to respond effectively to its supported commands, which would negatively impact those commands’ ability to meet their mission requirements.

Additionally, the original language in FAR 52.216-22 needs modification, as it states that “the contractor shall not be required to make any deliveries under the subject contract after 90 days after the contract completion date.” This language is unnecessarily restrictive and a request for approval to change the 90-day restriction cited in FAR 52.216-22 is as follows: “the Contractor shall not be required to make any deliveries under this contract after the date shown on each individual Task Order.”

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

The follow-on contract is being competitively sourced. The planned action covered by this J&A meets an exception to the synopsis requirements per FAR 5.202(a)(2). The approved J&A will be released in accordance with FAR 6.305(b).

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.

A follow-on NR MASC is currently in progress and is anticipated to be awarded no later than Quarter 1 Fiscal Year 2026. Award of this vehicle will eliminate the need for future bridge contract requests.

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