JA for China Lake UCA_ATCT_redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

N62473-19-D-1224

J&A 19-34-4

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Command, Southwest, San Diego, CA (NAVFAC SW).

2. Description of Action Being Approved: Request authority to issue an undefinitize task order under Contract N62473-19-D-1224, pursuant to the authority of 10 U.S.C. 2304 (c)(2), as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(A), Unusual and Compelling Urgency. This task order will require the contractor to perform emergency repair of the Air Traffic Control Tower at Building 20001 at Naval Air Weapons Station (NAWS) China Lake. The contractor is Fed Con – VC Joint Venture, 408 Bryant Circle, Suite F, Ojai, CA 93023.

3. Description of Supplies/Services: Contract N62473-19-D-1224 is a Multiple Award Contract (MAC) under NAVFAC SW’s 8(a) Commercial and Institutional MAC. The contractor is known to have experience with Air Traffic Control Tower repairs and is currently mobilized on NAWS China Lake. This proposed action will include all labor, materials, equipment, oversight, and coordination for earthquake damage repairs at the Air Traffic Control Tower.

The duration of this action is anticipated to be 42 calendar days from date of award. Funding for this task order is available and has been provided to NAWS China Lake.

4. Statutory Authority Permitting Other Than Full and Open Competition: The proposed action will be conducted without providing for full and open competition pursuant to the authority of 10 U.S.C. 2304 (c)(2), as implemented by FAR 16.505(b)(2)(i)(A), Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority: NAWS China Lake experienced a 6.4 magnitude earthquake on 4 July 2019 followed by a 7.1 magnitude earthquake on 5 July 2019 with aftershocks ongoing. Damage Assessment Teams are currently surveying buildings throughout NAWS China Lake. As a result of the two earthquakes, the majority of the buildings, including Air Traffic Control Towers, have falling hazards (damaged ceiling grids, hanging lighting and electrical wires) that need to be repaired immediately. NAWS China Lake is one of the Navy's principal Research, Development, Acquisition, Test and Evaluation (RDAT&E) sites and home to Naval Air Warfare Center Weapons Division (NAWCD) and two Air Test and Evaluations Squadrons. Interruption of the workforce reoccupying workspaces severely impacts NAWS China Lake's research, testing and evaluation missions to provide cutting-edge weapons systems to the warfighter and also impacts all air operations. Due to continued aftershocks and the weakened condition of the Air Traffic Control Tower, it needs reinforcement and other repairs to continue to operate until the replacement tower can be constructed. It is imperative that the tower remain operational in order to continue flight operations at the airfield in support of NAVAIR’s RDT&E mission. It is urgent that the Air Traffic Control Tower be immediately addressed to minimize the impacts to the missions at NAWS China Lake.

Providing fair opportunity via the competitive contracting process would result in unacceptable delays resulting from time to develop the request for proposal, solicit proposals, evaluate the proposals, and document the award before the contractor could mobilize. It is estimated it would take a minimum of four (4) weeks for the procurement process and several more weeks for mobilization. Fed Con – VC Joint Venture is already mobilized on NAWS China Lake, is familiar with the base, and can commence work immediately. Given both the risk to human safety and that the delay caused by an award of a contract via the competitive contracting process would result in serious injury to the Government, it is in the Government’s best interest to award the proposed task order to N62473-19-D-1224

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: As noted above, time is of the essence to return NAWS China Lake to mission readiness. Due to the urgency of this project, market research for another qualified firm cannot be conducted in accordance with FAR Part 10. The planned action covered by this J&A meets an exception to the synopsis requirements per FAR Part 5.202 (a)(6). The approved J&A will be released in accordance with FAR 6.305 (b).

7. Determination of Fair and Reasonable Cost:

Based on the historic cost information currently available, the Contracting Officer has adequate information to ensure that the cost to the Government for this task order will be fair and reasonable.

8. Actions Taken to Remove Barriers to Competition: This proposed task order is an emergency response to earthquakes at NAWS China Lake. It is a one-time procurement with no follow on procurements anticipated.

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