JA24-27_REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, HAWAII

400 MARSHALL ROAD

PEARL HARBOR, HAWAII 96860-3139

N REPLY REFER TO:

J&A No. 24-27

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command (NAVFAC), Hawaii, Construction Contracting (Code CON33), Joint Base Pearl Harbor-Hickam (JBPHH), Hawaii.

2. Description of the Action Being Approved.

NAVFAC Hawaii intends to increase the contract maximum not-to-exceed value of its Architect-Engineer (A-E) Services Indefinite Delivery Indefinite Quantity (IDIQ) Contract No. N62478-20-D-5035 for Various Waterfront Projects and Other Projects Primarily Under the Cognizance of NAVFAC, Hawaii, Various Locations, by $81,000,000 from $99,000,000 to $180,000,000.

The current amount obligated under this A-E Services IDIQ is $65,005,286. There is an estimate of in pending task order awards, leaving a remaining capacity of .

The contract is currently in the third option year expiring 24 September 2024 and has one additional option year that may be exercised, with a final contract expiration date of 24 September 2025.

3. Description of Supplies/Services.

This A-E services IDIQ for Waterfront Projects was awarded to Moffatt & Nichol – Burns & McDonnell Hawaii (MN-BM Hawaii), a Joint Venture (JV) on 25 September 2020, with a base year and four one-year options with a maximum not-to-exceed value of $99,000,000.

The work under this A-E services IDIQ includes design and engineering services for various waterfront projects and other projects at various locations under the cognizance of NAVFAC Hawaii; however, on special occasions, work may also be required in other areas outside of Hawaii.

Specified design and engineering services for waterfront and other projects include, but are not limited to, execution and delivery of Military Construction (MILCON) project documentation (DD Form 1391);

Functional Analysis and Concept Development workshops/Design Charrettes; Design-Build Request for Proposal (RFP) solicitation documents; Design-Bid-Build (DBB) Design contract documents;

SPECSINTACT program; cost estimates utilizing the MII cost estimating system; technical surveys and reports including concept studies, site engineering investigation, topographical survey, geotechnical investigation, hazardous material survey, Munitions of Explosive Concern survey, hydrographic survey, and others; Collateral Equipment Buy Packages; Comprehensive Interior Design including Structural Interior Design and Furniture, Fixtures, and Equipment; and Post Construction Award Services (PCAS).

MN-BM Hawaii, a JV is performing work under existing task orders issued under this A-E services IDIQ to support

. It is anticipated this work will require mission-critical modifications with expected award amounts totaling .

The following services to be acquired are listed in Table 1 below:

Table 1

Task Order Number

Description Amount

Moffatt & Nichol – Burns & McDonnell Hawaii (MN-BM Hawaii), a Joint Venture (JV), is the Designer of Record (DOR) for the site investigations and the DBB RFP consisting of plans, specifications, cost estimate and other services. A modification is required for PCAS .

MN-BM Hawaii, a JV, is the DOR for the site investigations, and the DBB RFP consisting of plans, specifications, cost estimate and

MN-BM Hawaii, a JV, is the DOR for the engineering assessment study.

Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS .

Modifications are required to complete the DBB RFP consisting of plans, of plans, specifications, cost estimate and

Modifications are required to complete the DBB RFP consisting of plans, RM23-0836 Upgrade S99 Electrical Station J, JBPHH, Hawaii (Zumwalt Class Homeport Shift Program Project)

MN-BM Hawaii, a JV, is the DOR for the site investigations, and the DBB RFP consisting of plans, specifications, cost estimate and of plans, specifications, cost estimate and of plans, specifications, cost estimate and design charrette, DD1391 and site investigations. Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS investigations. Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS investigations and the DBB RFP consisting of plans, specifications, cost estimate and

TOTAL

The pending actions shown in Table 2 below will require an increase in the contract not-to-exceed amount by , rounded to $81,000,000:

Table 2

Funding values of the contract actions are listed in Table 3 below:

Table 3

FY24 - FY25

Total Estimated Dollar Value

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

The statutory authority permitting other than full and open competition is Title 10 USC § 3204(a)(1), as implemented by Federal Acquisition Regulations (FAR) 6.302-1 – Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The original contract awarded to MN-BM Hawaii, a JV was competed using competitive procedures pursuant to 40 U.S.C. 1101, Selection of Architects and Engineers, as implemented by FAR 36.6. The statutory authority of 10 U.S.C. § 3204(a)(1) applies as an award to any other source would result in substantial duplication of cost to the Government that are not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements as implemented at FAR 6.302-1(a)(2)(iii) for the following reasons.

Existing Projects:

Through task orders awarded by NAVFAC Hawaii, MN-BM Hawaii, a JV, performed design and engineering services for the following.

o o

MN-BM Hawaii, a JV has requisite knowledge and experience to provide design and engineering services to complete the

. These projects involve specialized knowledge and experience with facilities and supporting systems for . MN-BM Hawaii, a JV, has provided similar specialized designs for these types of facilities in other locations and has extensive experience at . Continuing to use MN-BM Hawaii, a JV, would result in only one interpretation of the design, thereby ensuring continuity and integrity of the design intent towards the final design. Using a different A-E will incur unnecessary, additional delays and costs, and potential quality inconsistencies which may lead to the need for further normalizations. Failure to award these requirements timely will ultimately result in detriment to and mission to support our warfighters as there are no other contracting tools available within NAVFAC Hawaii that will satisfy these time-sensitive and critical requirements. In addition, the start-up costs for another source to familiarize themselves with the project and customer requirements are prohibitive and cannot be recouped through competition. The start-up costs include meetings with end-users and other Government entities; site field investigations;

environmental assessments; reviews of studies; and a complete revalidation of the concept design.

Award of task orders under this IDIQ contract can be accomplished in three to six months, whereas a stand-alone competitive contract action is anticipated to take from ten to 13 months, depending on the estimated value. The associated administrative cost for Government personnel (acquisition and technical) to re-procure and re-administer this effort would

. Duplicative time required to verify the original assessments and design are estimated to be approximately six to eight months and unacceptable delays in fulfilling the Navy’s mission need dates.

Existing Projects:

Through task orders awarded by NAVFAC Hawaii, MN-BM Hawaii, a JV, performed design and engineering services for the following.

o o

MN-BM Hawaii has requisite knowledge and experience to provide design and engineering services to complete

. These projects involve specialized knowledge and experience with facilities and supporting systems for

. MN-BM Hawaii, a JV, has provided similar specialized designs for these types of facilities in other locations and has extensive experience at . Continuing to use MN-BM Hawaii, a JV, would result in only one interpretation of the design, thereby ensuring continuity and integrity of the design intent towards the final design. Using a different A-E will incur unnecessary, additional delays and costs, and potential quality inconsistencies which may lead to the need for further normalizations. Failure to award these requirements timely will ultimately result in detriment to the mission to support our warfighters as there are no other contracting tools available within NAVFAC Hawaii that will satisfy these time-sensitive and critical requirements. In addition, the start-up costs for another source to familiarize themselves with the project and customer requirements are prohibitive and cannot be recouped through competition. The start-up costs include meetings with end-users and other Government entities; site field investigations; environmental assessments; reviews of studies; and a complete revalidation of the concept design.

Award of task orders under this IDIQ contract can be accomplished in three to six months, whereas a stand-alone competitive contract action is anticipated to take from ten to 13 months, depending on

Government personnel (acquisition and technical) to re-procure and re-administer this effort . Duplicative time required to verify the original assessments and design are estimated to be approximately six to eight months and unacceptable delays in fulfilling the Navy’s mission need dates.

Projects:

Through task orders awarded by NAVFAC Hawaii, MN-BM Hawaii, a JV, performed design and engineering services for o o

MN-BM Hawaii, a JV has requisite knowledge and experience to provide design and engineering services to complete

. These projects involve specialized knowledge and experience with facilities and supporting systems for

. MN-BM Hawaii, a JV, has provided similar specialized designs for these types of facilities in other locations and has extensive experience at .

Continuing to use MN-BM Hawaii, a JV, would result in only one interpretation of the design, thereby ensuring continuity and integrity of the design intent towards the final design. Using a different A-E will incur unnecessary, additional delays and costs, and potential quality inconsistencies which may lead to the need for further normalizations. Failure to award these requirements timely will ultimately result in detriment to the mission to support our warfighters as there are no other contracting tools available within NAVFAC Hawaii that will satisfy these time-sensitive and critical requirements. In addition, the start-up costs for another source to familiarize themselves with the project and customer requirements are prohibitive and cannot be recouped through competition. The start-up costs include meetings with end-users and other Government entities; site field investigations; environmental assessments;

reviews of studies; and a complete revalidation of the concept design.

Award of task orders under this IDIQ contract can be accomplished in three to six months, whereas a stand-alone competitive contract action is anticipated to take from ten to 13 months, depending on

Government personnel (acquisition and technical) to re-procure and re-administer this effort

. Duplicative time required to verify the original assessments and design are estimated to be approximately six to eight months and unacceptable delays in fulfilling the Navy’s mission need dates.

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

A synopsis of the proposed contract modification was not published in Contract Opportunities (at SAM.gov), pursuant to the exception FAR 5.202(a)(11), where this proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207. A formal market survey was not conducted as it is not practicable for the reasons discussed in paragraph 5 above, for any firm other than MN-BM Hawaii, a JV to provide the required follow-on work for additional design and PCAS services, due to the highly specialized nature of A-E services. The Government conducted market research by considering other A-E firms under existing current IDIQ contracts and A-E firms that have SF330s Architect-Engineer Qualifications on file with the NAVFAC Hawaii A-E Contracting Branch (Code CON33) as available sources to potentially solicit these design and PCAS requirements. After a technical evaluation of three firms’ qualifications, no firms were identified or determined to be more highly qualified than MN-BM Hawaii, a JV for the requirements for these projects. It is also believed that no other firm will express a serious interest in the work if that firm is required to assume responsibility and liability for a design that was prepared by another firm.

NAVFAC Hawaii confirms the replacement unrestricted IDIQ for various waterfront projects will be solicited competitively.

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. Action to Remove Barriers to Future Competition.

NAVFAC Hawaii anticipates removing barriers to future competition through award of a new IDIQ for Waterfront Projects, which will be solicited on a full and open competition basis with projected award no later than first quarter of Fiscal Year (FY) 2026.