Justification and Approval.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-20-8

18 September 2020

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Naval Facilities Engineering Command Mid-Atlantic, Facilities, Mid-

Atlantic (NAVFAC MIDLANT), Norfolk, Virginia

2. Description of the Action being Approved. Award of a contract modification to increase the estimated value for the non-recurring services portion of Contract N40085-19-D-9097, Regional

HVAC Chemical Treatment Services. The non-recurring services portion of the contract will be increased by an estimated redacted for the current year and each subsequent option period. The proposed action will increase the total contract value by an estimated redacted from redacted to redacted (estimated).

3. Description of Supplies/Services. The work consists of HVAC water testing and treatment for water-cooled chiller/closed loop systems and water cooling towers. The work also includes development and implementation of a boiler water testing and treatment program that involves maintenance, inspection, testing and certification, and other recurring and non-recurring services to installed equipment and related systems. An increase in contract capacity for non-recurring services is requested to accommodate unanticipated repairs to equipment not being maintained until award of this contract. Further, this contract added requirements for multiple locations in the Hampton Roads area not previously covered, but the non-recurring services capacity was not adjusted accordingly to accommodate the additional infrequent workload demands.

4. Statutory Authority Permitting Other than Full and Open Competition. Pursuant to FAR 6.302-1, this modification will be acquired under the authority of 10 USC 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements. The most effective manner to accomplish infrequent or non-recurring services is to modify the existing contract rather than issue a new solicitation. The incumbent contractor is already mobilized at the various installations and is intimately familiar with the work. Execution by any other means would require unnecessary duplication of cost and effort.

5. Rationale Justifying use of Cited Authority. Use of the authority cited above is deemed appropriate due to the substantial duplication of costs and services associated with obtaining another contractor unfamiliar with the work. In addition, delays in immediate repairs and other services to critical equipment would disrupt base operations and could cause significant financial damage to real property, affect the quality of life for military and civilians, and possibly have an adverse impact to the mission of affected installations in the Hampton Roads Area.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the fact that there is only one practical source for the required services, no market survey has been conducted.

J&A N0. ML-20-8

An increase in capacity of the subject contract is considered the only reasonable means to accomplish the work in this instance.

7. Determination of Fair and Reasonable Cost. The contract price was determined to be fair and reasonable at time of award based on price competition. Existing ELIN unit pricing will be used, only the quantities will be adjusted to reflect the increased capacity.

8. Actions to Remove Barriers to Future Competition. The follow-on contract action will incorporate an increased capacity and will include any other adjustments deemed necessary that will support competition for future acquisitions of these same services.

Signatures have been redacted