JA_PCAS FINAL 9-21-2021_REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 21-25

SOLE SOURCE JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR KC-46A ADAL ACFT PARKING APRON WORK & HYDRANT FUEL SYSTEM

POST CONSTRUCTION AWARD SERVICES

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 limit competition on a Petroleum, Oil and Lubricants (POL) Architect and Engineering (A-E) Multiple Award Contract (MAC) and award a follow-on task order without full and open competition under contract N39430-20-D-2242, pursuant to the authority of 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(A), whereby there would be a substantial duplication of cost to the Government that is not expected to be recovered through competition.

3. Description of Supplies/Services.

Provide Construction Contract Support Services (CCSS) and Field Consultation during Construction (FCDC) in support of the construction of KC-46A ADAL Hydrant Fuel System at Travis Air Force Base (AFB). These two servicespackaged together are known as Post Construction Award Services (PCAS).

The period of performance of PCAS will be 365 from date of execution of this follow-on task order.

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. 2304(c)(1), as substantial duplication of cost to the Government that is not expected to be recovered through

5. Rationale Justifying Use of Cited Statutory Authority.

Austin Brockenbrough and Associates, an A-E firm on the POL A-E MAC N39430-15-D-1676, was competitively awarded Task Order (TO) N6247320F4814 on 23 July 2020, to prepare the DBB Request for Proposal (RFP) and provided bid support for the KC-46A ADAL Hydrant Fuel System at Travis Air Force Base (AFB), California. TO N6247320F4814 included two options, one for CCSS and one for FCDC, also known as PCAS. Per TO N6247320F4814, PCAS options were not exercised at the time of the award of the TO, but may be unilaterally awarded with 90 calendar days after award of the construction contract. The DBB construction task order for the KC-46A ADAL Hydrant Fuel System was awarded on 08 September 2021 by NAVFAC SW. However, TO N6247320F4814 expired on 23 July 2021 and the basic MAC N39430-15-D-1676 expired on 31 August 2021 without the PCAS options being exercised.

Austin Brockenbrough and Associates provided the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the phased demolition and construction of selected Ramp 200 & 300 fuel hydrants, also known as KC-46A ADAL Hydrant Fuel System at Travis AFB per TO N6247320F4814. Per TO N6247320F4 Austin Brockenbrough and Associates would also perform the PCAS services upon the award of the construction contract for the KC-46 ADAL Hydrant Fuel System at Travis AFB. Due to delays in awarding the construction contract, TO N6247320F4814 expired prior to the Government exercising the PCAS options.

Austin Brockenbrough and Associates is the qualified source to provide the follow-on PCAS services given their unique, highly specialized, POL technical background and intimate knowledge of the design of the hydrant fuel system and development of the RFP. Specifically, Austin Brockenbrough and Associates developed the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the phased demolition and construction of selected Ramp 200 & 300 fuel hydrants, also known as KC-46A ADAL Hydrant Fuel System at Travis AFB retains most of the data, information, and associated technical staff used to develop the DBB RFP and full design.

Awarding this contract action for the required PCAS to another source through the use of competitive procedures would result in a substantial duplication, estimated to be $140,000 of cost to the Government that is not expected to be recovered through competition. Further, if the Government were to compete the work among the other successful A-E MAC contractors on the EXWC POL A-E MAC, the advantage that Austin Brockenbrough and Associates has over the competition would not yield fair opportunity to the other firms.

The current requirements to provide PCAS for the construction contract for the hydrant fuel system and pavement at Travis AFB require that only Austin Brockenbrough and Associates be awarded the task order for the following reasons:

a) Austin Brockenbrough and Associates prepared the plans and specifications used to construct the hydrant fuel system and pavement, and 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 hydrant fuel system and pavement 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 Austin Brockenbrough and Associates 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.

c) To attempt to proceed without Austin Brockenbrough and Associates exposes the project to substantial risk. If the project is not performed and completed within the time, or does not function as designed, health and safety risks could arise because the existing hydrant fuel system could eventually rupture, leak or otherwise affect local community, particularly during a natural disaster or other severe ground-disturbing event.

effort in this follow-on task order, 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. Austin Brockenbrough and Associates has the background knowledge and capability of providing- the unique and highly specialized services necessary to cost effectively and efficiently complete the PCAS required.

Associates.

Using the POL A-E MAC contract, N39430-20-D-2242, and established hourly rates that have been negotiated with Austin Brockenbrough and Associates, it is estimated that the PCAS cost to be approximately $188,000. Relative to the $8.5 Million construction effort, the PCAS cost is a reasonable cost and investment in the success of the project.

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

In accordance with FAR 5.202(a)(6), the proposed contract action will be an order placed under FAR subpart 16.5 and therefore synopsizing is not required. In this instance, because of the requirement to award a task order to the A-E firm who worked on the RFP development and bid support for this requirement, it would not be reasonable to synopsize the requirement or expect another firm to possess the intellectual property and working knowledge that Austin Brockenbrough and Associates possesses. In accordance with FAR 6.305, this Justification and Approval (J&A) will be published and made publicly available. No additional market research was conducted because it is not practicable for the reasons discussed in paragraph 5 above for any company other than Austin Brockenbrough and Associates to provide the required supplies and 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 all POL A-E MAC contractors is overwhelmingly justified by involvement in the RFP development and bid support for the construction contract for the hydrant fuel system and pavement at Travis AFB. In other planned task orders, NAVFAC SW will continue to comply with all applicable statues, regulations, and policies.

J&A No. 21-25

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:

ANTONIO LOPEZ Phone No. Date Project Manager Supervisor, Desert PMD

NAVFAC SW

LEGAL SUFFIENCY REVIEW

I have determined this Justification is legally sufficient.

DEANA JAEGER Phone No. Date Associate Counsel

NAVFAC SW

CONTRACTING OFFICER CERTIFICATION

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

CHRISTOPHER A. D. ROSARIO Phone No. Date Contracting Officer Design and Construction Core, Desert, NAVFAC SW

APPROVING OFFICIAL

SUPERVISORY 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 here approve, 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)(1) (FAR Part 6.302-1).

JENNIFER M. REECE Phone No. Date Supervisory Contract Specialist Design and Construction Core, Desert, NAVFAC SW

ANTONIO LOPEZ

9-21-2021

21 SEP 2021