JA 2408 FLAT_Redacted.pdf

J&A No. 2408

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

infrastructure improvement projects at NAVSTA Rota through the first and second quarters of FY25 within the contract vehicle’s remaining capacity limitations.

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

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Absent an extension to the term of the contract, there will be an unreasonable delay in the Agency’s ability to execute the remaining Category I and II projects on the Rota MEP for FY24 and early FY25. This in turn will compromise mission readiness, diminish airfield safety and capabilities, and will delay the availability of required facilities for the new troop homeporting activities at Naval Station Rota.

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

NAVFAC EURAFCENT considered the use of a stand-alone contracts, to be competitively awarded to execute the remaining projects on the MEP; however; there is not sufficient time to solicit and award multiple new stand-alone contracts, and the office is not staffed to perform the necessary technical evaluations. Furthermore, NAVFAC EURAFCENT considered using other contracting vehicles as an alternative, however there are no other competitively awarded contracting vehicles available that would allow NAVFAC EURAFCENT to meet the need. The project scope and estimated values exceed the capabilities of the Rota Job Order Contract (JOC). The project scope and estimated values are not large enough to be placed on the Rota MILCON MACC.

The only reasonable alternative is to bridge, or extend, the existing contract vehicle in order to timely handle the current projects. The current MACC was competed under Full and Open competition. The remaining projects will be competed among the four MACC contractors achieving significant and effective competition. In accordance with FAR 6.305, this approved J&A will be posted on SAM within 14 days after award of the contract modifications. There is no indication that the government will achieve significant cost savings by competing the remaining projects on a stand-alone basis instead of competing it amongst existing MACC holders.

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. NAVFAC EURAFCENT intends to issue formal request for proposals to all contractors listed in paragraph 2, above, for this requirement. The Government will evaluate the proposals and supporting documentation and award to the best value contractor based on source selection criteria for this project resulting in a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

J&A No. 2408

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

NAVFAC EURAFCENT is the Procuring Contracting Office for the follow-on contract.

Currently, the procurement is in the solicitation stage (N33l9124R9000 Indefinite- Delivery/Indefinite Quantity Multiple Award Construction Contract Rota, Spain) but will not be awarded in time to accommodate the remaining FY24 and early FY25 projects. Award is currently anticipated by February 2025. The follow on MACC will be firm fixed-price, procured under full and open competition maximizing competition to the greatest extent possible. The new MACC procurement has been published in the Government wide point of entry in accordance with FAR Part 5, and interested offerors were provided adequate time for proposal preparation. The new MACC is being solicited with an estimated capacity of $98,000.000 for a five year base plus three one-year option periods.