JandANo24-JA-FECON-0003.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND FAR EAST

PSC 473 BOX 13

FPO AP 96349

J&A No. 24-JA-FECON-0003

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Systems Command, Far East (NAVFAC FE), Facilities Engineering and Acquisition Division (FEAD), Commander Fleet Activities Yokosuka (CFAY), Japan.

2. Description of the Action Being Approved.

Award of a bridge contract to CS One Co., LTD. in support of the Base Operating Services (BOS) at New Sanno Hotel, Tokyo, Japan.

3. Description of Supplies/Services.

The Contractor shall provide all labor, management, supervision, tools, material, and equipment required to perform base operating services at the New Sanno Hotel, Tokyo, Japan. These base operating services consist of the following:

a. Annex 1502000 - Facility Investment (Building systems, HVAC systems, Fire Protection systems, Potable Water systems, Battery systems for Emergency Lights, VTE systems, Laundry Equipment, Auto Door systems)

b. Annex 1503010 – Custodial

c. Annex 1503020 - Pest Control

d. Annex 1503030 - Integrated Solid Waste Management

e. Annex 1503050 - Grounds Maintenance and Landscaping

f. Annex 1604000 - Wastewater

The services will be provided on a Recurring (Fixed Price (FP)) and Non-Recurring (Indefinite Delivery) basis.

The period of performance is one year, from 01 January 2023 through 31 December 2024. The estimated contract value is $631K (Recurring) and $69K (Non-Recurring) and will be funded using Fiscal Year 2024 Operations and Maintenance, Navy (O&MN) appropriations.

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

10 U.S.C. §3204(a)(2), Unusual and compelling urgency

5. Rationale Justifying Use of Cited Statutory Authority.

FEAD CFAY issued an Invitation for Bid (IFB) for the base operating services at New Sanno

Hotel, Tokyo, Japan, using full and open competitive procedures.

The request for this bridge is due to delays during the pre-award survey/evaluation. During the pre-award survey/evaluation process it was discovered that licensing requirements and key personnel under multiple annexes were ambiguous. In addition, the specifications require revisions due to the omission of key services necessary for full performance. Until these uncertainties and discrepancies are resolved, a bridge is necessary for continued performance starting 01 January 2024.

A gap in service is detrimental to the New Sanno Hotel, which is a U.S. Forces recreation center and an official meeting facility for conducting U.S. Government business.

Without a contract in place, New Sanno Hotel will be unable to ensure the health, safety and well-being of guests and staff because the following will not be performed:

a. Maintenance, repair, and alteration of building systems including chillers, fire protection systems, Vertical Transportation Equipment (VTE) and Electrical High/Low Voltage Transformers to ensure critical assets are functioning properly and in good working order. Maintenance of all building systems are essential. For example, chillers should be maintained for the safe preparation, handling, protection or temperature control for food, and fire protection systems should be properly serviced to protect building occupants and minimize damage associated with a fire.

b. Custodial services to ensure the cleanliness of working environments;

c. Pest control services to prevent and control unwanted pests that may adversely affect the health and well-being of people, structures, material and property;

d. Proper collection, disposal, and recycling of non-residential, commercial, and industrial solid waste in accordance with local regulations to maintain sanitary conditions;

e. Grounds maintenance and landscaping to ensure safety of pedestrians, vehicular traffic, and building encroachment;

f. Operation, maintenance, and repair of the wastewater treatment plant and collection system so wastewater is continuously and safely collected, treated, and disposed and effluent complies with regulatory standards.

Per the Requiring Technical Activity (RTA), the current contractor, CS One, Co., LTD. is performing work satisfactorily and is the only contractor capable of providing the services required at this time, until award and full performance of the follow-on contract is made. CS One, Co., LTD. is currently mobilized and has the resources, skills, and knowledge to continue uninterrupted services.

FEAD CFAY estimates a contractor would need at least 60 days to mobilize/phase-in prior to full contract performance due to security requirements, Government approval of plans, licensing, equipment procurement, etc.

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

A synopsis for this planned action was not published because this J&A meets an exception to the synopsis requirements per FAR Part 5.202(a)(2).

For the reasons discussed in paragraph 5 above, it is not practicable for any company other than CS One, Co., LTD to provide the required services. CS One, Co., LTD. is the only contractor currently able to meet the Government’s urgent requirement. CS One currently possesses all the necessary resources and the required licenses, and is able to immediately mobilize and operate at the capacity required according to the Government’s requirements.

The approved J&A will be published in accordance with FAR 6.305(b).

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.

The future contract action will be awarded using full and open competition.

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/Requirements Cognizance:

Phone: Date

LEGAL SUFFICIENCY REVIEW:

I have determined this Justification is legally sufficient.

Phone: Date

CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Phone: Date

ECH IV CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

§3204(a)(2), Unusual and compelling urgency.