JA_PRT PCAS - FINAL_PDC_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 25-35

SOLE SOURCE JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR ACFT TRUCK REFUEL FACILITY

DEFENSE LOGISTICS AGENCY INSTALL PRT

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 award a 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)(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 (FCDC) in support of the construction of the Aircraft Fuel Truck (ACFT) Refuel Facility Defense Logistics Agency (DLA) Install Product Recovery Tank (PRT) at Camp Wilson, Marine Corps Air Ground Combat Center (MCAGCC) Twentynine Palms, California. The period of performance of PCAS will be 500 days from date of execution of this contract.

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)(iii), 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 A-E Indefinite Delivery, Indefinite Quantity (IDIQ) Contract for Mechanical, Electrical and Fire Protection Engineering Services, was competitively awarded Task Order (TO) N6247322F4423 on 15 July 2022, to prepare the DBB Request for Proposal (RFP) and provide bid support for the ACFT Truck Refuel Facility DLA Install PRT at Camp Wilson, MCAGCC Twentynine Palms, California. TO N6247322F4423 included one (1) option inclusive of PCAS and FCDC. The option was not exercised at the time of award but, per the TO, was available to be awarded within 360 calendar days after award of the TO. However, due to construction delays, TO N6247322F4423 expired on 12 March 2023 without the PCAS & FCDC option being exercised.

Based on the above facts, Engineering Partners Inc. was awarded N62473-24-C-1202 on 23 November 2023, for follow-on PCAS and FCDC to support the ACFT Truck Refuel Facility DLA Install PRT at

J&A No. 25-35

Camp Wilson, MCAGCC Twentynine Palms, California. However, N62473-24-C-1202 expired on 03 February 2025 with some PCAS and FCDC left unfinished due to delays to the construction project.

The Engineering Partners Inc. provided the Design-Bid-Build (DBB) construction package consisting of full plans, specifications, detailed cost estimate, and other services for the phased demolition and construction of the fuel valving dispensing system and installing of a product recovery tank, also known as the ACFT Truck Refuel Facility DLA Install PRT at Camp Wilson, MCAGCC Twentynine Palms, California. Per TO N6247322F4423 and N62473-24-C-1202, it was the Government’s expectation that Engineering Partners Inc. would also perform the PCAS services upon the award of the construction contract for the ACFT Truck Refuel Facility at Camp Wilson, MCAGCC Twentynine Palms, California.

Due to delays in construction activities, TO N6247322F4423 and N62473-24-C-1202 expired prior to the Government exercising all of the PCAS scope.

The Engineering Partners Inc. is the only qualified source to provide the follow-on PCAS services given their unique, highly specialized technical background and intimate knowledge of the design of the fuel system and development of the RFP. Specifically, The Engineering Partners Inc. developed the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the selective demolition and construction of the product recovery tank, also known as TP23018M DLA Install Product Recovery Tank at MCAGCC 29 Palms. The Engineering Partners Inc. 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 DLA fuel system at MCAGCC 29 Palms require that only The Engineering Partners Inc. be awarded the task order for the following reasons:

a) The Engineering Partners Inc. prepared the plans and specifications used to construct the fuel system, and to request another A-E firm to provide consultation and support based on those plans and specifications would result in additional unacceptable delays and greater cost, and would negatively impact the proposed DBB construction effort.

b) The proposed DLA Fuel System 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 the specific, current outlay. The extensive learning curve required to obtain the necessary information from The Engineering Partners Inc. 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 The Engineering Partners Inc. exposes the project to substantial risk. If the project is not performed and completed within the construction period, 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.

The Government receives optimum value from utilizing The Engineering Partners Inc., 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. 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 as a full and open stand-alone Request for Proposal (RFP), 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.

Standard market research procedures for other qualified firms was not conducted. Due to The Engineering Partners Inc. intimate knowledge of the project, awarding to any other offeror would result in substantial rework and cost the Government more in funds compared allowing Engineering Partners Inc. to finish the work they’ve already started. 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 The Engineering Partners Inc. 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 Civil A-E IDIQ contractor is overwhelmingly justified by The Engineering Partners Inc. unique and highly specialized experience, specifically their direct involvement in the design development for the construction contract for the DLA PRT Fuel System at MCAGCC 29 Palms. In other planned task orders, NAVFAC SW will continue to comply with all applicable statues, regulations, and policies.

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

NAVFAC SW

LEGAL SUFFIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date 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).

Phone No. Date Contracting Officer Planning, Design and Construction Marine Corps

NAVFAC SW