JA_PCAS_MCAS YUMA -Rev 4_APPROVED_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 24-61

SOLE SOURCE JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR REPAIR/UPGRADE SPRINGHILL LARCS-LMR COMMUNICATION SITE

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 solicit and award a sole source contract to The Engineering Partners, Inc., , 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), 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) for the repair and upgrade of Springhill LARCS-LMR Communication site at Marine Corps Air Station (MCAS) Yuma, Arizona. The period of performance of PCAS will be days from date of execution of this task order.

The estimated dollar value of this contract action 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 the FAR 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services will Satisfy Agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Engineering Partners Inc., an Architect-Engineer (A-E) firm on the NAVFAC SW A-E Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Mechanical, Electrical and Fire Protection Engineering Services, was competitively awarded Task Order (TO) N6247322F4205 on 21 Mar 2022, to prepare the Design -Bid-Build (DBB) Request for Proposal (RFP) to provide bid support for the Repair/Upgrade Springhill Low Altitude Radio Communications System & Land Mobile Radio (LARCS-LMR) Communication Site on Chocolate Mountain Aerial Gunnery Range (CMAGR) MCAS, Yuma, Arizona.

TO N6247322F4205 included one (1) option inclusive of PCAS. Per TO N6247322F4205, the option was not exercised at the time of the award of the TO, but could be awarded within 365 calendar days after award of the TO. Award of the DBB construction contract for the Repair/Upgrade Springhill LARCS- LMR Communication Site on CMAGR MCAS has been delayed and it is anticipated to now be awarded on 04 June 2024 by MCAS Yuma. Because of this delay to the construction award, PCAS was not needed as early as planned and therefore the option for PCAS contained within TO N6247322F4205 was not exercised prior to the deadline to exercise the option for PCAS expired, which was on 21 March 2023.

The Engineering Partners Inc. is the only qualified source to provide the follow-on PCAS services given their unique, highly specialized, and intimate knowledge of the design of essential repairs and upgrades to the existing Springhill Communication Site. Specifically, The Engineering Partners Inc. developed the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the repairs and upgrades of the Springhill LARCS-LMR Communication Site and retains most of the data, information, and associated technical staff used to develop the DBB RFP and full design.

The current requirements to provide PCAS for the construction contract for Springhill LARCS-LMR Communication Site on CMAGR at MCAS Yuma require that only The Engineering Partners Inc. be awarded the sole source contract for the following reasons:

a) The Engineering Partners Inc. prepared the plans and specifications used to repair and upgrade the Springhill Communication Site, 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 Springhill LARCS-LMR Communication Site includes 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. If another A-E firm were awarded the PCAS, they could refuse to work with The Engineering Partners, Inc. plans and specifications and request to create their own. Or, the extensive learning curve required to obtain the necessary information from The Engineering Partners Inc. would result in a minimum of three (3) to four

(4) weeks in delays and would also result in 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 The Engineering Partners Inc. exposes the project to substantial risk. If the project is not performed and completed within time, or does not function as designed, health and safety risks could arise because the underground electrical and communication equipment of this project could eventually rupture or otherwise affect the local community, particularly during a natural disaster or other severe ground-disturbing event.

The Government receives optimum value from utilizing The Engineering Partners Inc., which is best characterized as a continuation of A-E services and ensures that the construction efforts meet the plans and specifications as developed by their firm. The Engineering Partners Inc. has the background knowledge and capability of providing the unique and highly specialized services necessary to cost effectively and efficiently complete the PCAS required. Therefore, it is in the Government’s best interest to award directly to The Engineering Partners Inc. If the Government were to compete the work among the other successful A-E contractors, the advantage that The Engineering Partners Inc. 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.

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 design development 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 The Engineering Partners, Inc. 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 The Engineering Partners, Inc. 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 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 contractor is overwhelmingly justified by The Engineering Partners Inc.’s unique and highly specialized experience, specifically their direct involvement in the design development for the construction contract for the repair and upgrade of Springhill LARCS-LMR Communication site at MCAS Yuma. In other planned task orders, NAVFAC SW will continue to comply with all applicable statues, regulations, and policies.

J&A No. 24-61

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

Chief Engineer Planning, Design, and Construction Director

NAVFAC SW

LEGAL SUFFIENCY REVIEW

I have determined this Justification is legally sufficient.

Associate Counsel

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 10 U.S.C. 3204(a)(1) (FAR 6.302-1).

Contracting Officer Planning, Design, and Construction Core, Marine Corps Team, NAVFAC SW