JA Time Extension Final-Redacted.pdf

N62470-19-D-8022 N62470-19-D-8023 N62470-19-D-8024 N62470-19-D-8025 N62470-19-D-8026 N62470-19-D-8027

ACQ3: LCS

24 September 2024

J&A No. 24-08

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

NINETY-DAY EXTENTION TO PERIOD OF PERFORMANCE FOR CONTRACTS N62470-19-

D-8022, 19-D-8023, 19-D-8024, 19-D-8025, 19-D-8026, AND 19-D-8027, GLOBAL

CONTENGENCY CONSTRUCTION CONTRACT (GCC)

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command, Atlantic, Norfolk, Virginia.

2. Description of the Action Being Approved.

The action being approved is a modification to the period of performance for a 30-day extension, with one 60-day option for the six NAVFAC Atlantic Global Contingency Construction (GCC) Indefinite Delivery/Indefinite Quantity, Multiple Award Contracts (MACs) that provide immediate response for civilian construction contract capability. The MACs provide for construction and related engineering and services to respond to natural disasters, humanitarian assistance, conflict, or projects with similar characteristics. On 29 March 2019, NAVFAC Atlantic awarded six GCC contracts for a base plus four option years. The combined maximum order quantity for the contracts’ ordering period is not-to-exceed $2,087,443,694.32. The contract’s ordering period expires 28 September 2024. The 30-day extension period would extend the ordering period under each contract through 28 October 2024 while retaining the combined maximum order quantity of $2,087,443,694.32.

This justification is to ensure continuation of services that may arise due to potential destructive weather for the remaining 2024 hurricane season. Award of the follow-on contract only occurred five days ago, and Contractors under the new contract may not be readily available to meet an immediate need for a current pending storm in the Gulf Coast which could cause danger to Florida and other Gulf Coast states. Additionally, debriefs are occurring and the protest period has not passed for the new contract. To date, a total of 42 Task Orders (TOs) have been issued with an obligated dollar value of approximately $1,956,921,987.65 with current planned actions in the amount of $28,190,522.69, and promised ordering authority issued at $70,294,769.35, providing for remaining capacity in the amount of $32,036,414.63.

3. Description of Supplies/Services.

The subject contract performance area is worldwide. The work includes providing supervision, equipment, materials, labor, travel and all means necessary to provide the Navy, the Navy on behalf of DOD, and the Navy on behalf of other Federal agencies when authorized, an immediate response for civilian construction contract capability. The construction and related engineering and services would respond to natural disasters, humanitarian assistance, conflict, or projects with similar characteristics. This includes occasional projects to ensure readiness to perform under emergency situations. The scope includes the capability to provide general mobilization services (embarkation) for personnel, equipment and material in support of Naval Construction Forces (NCF) mobilization efforts and similar mobilization efforts. Work also includes the capability to set up and operate a Material Liaison Office (MLO) at a deployed site in support of NCF operations. The Contractor may be tasked to participate in military exercises. Work will be predominately construction. The Contractor, incidental to the construction effort, may be required to provide limited Base Operating Support (BOS) Services such as: Air Operations;

Port Operations; Morale, Welfare and Recreation Support; Galley; Billeting; Facilities Support;

Utilities; Base Support Vehicles and Equipment; and Environmental Support. These services are primarily anticipated in support of facilities overseas, but may also be ordered for work in the United States in support of disaster recovery efforts and other contingency operations.

No additional funds are required for the extension as the contract has a remaining capacity of $32M. The potential maximum value of work that may be ordered during the extension period is not known at the present time; however, the contract’s expiration date of 28 September 2024 is in the midst of the hurricane season and will affect the continuity of services currently being provided under multiple essential hurricane recovery efforts throughout various NAVFAC field offices.

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

The authority permitting other than full and open competition is Title 10 U.S.C. 2304 (c)(2), as implemented by Federal Acquisition Regulation (FAR) 6.302-2(a), Unusual and Compelling Urgency. Corrective action took place which resulted in a competitive source selection for the follow-on contract, which was awarded 19 September 2024. This justification and approval is for continued provision of emergency/contingency support under the current GCC MAC since the award of the follow-on contract only occurred five days ago, and Contractors under the new contract may not be readily available to meet an immediate need for a current pending storm in the Gulf Coast which could cause danger to Florida and other Gulf Coast states.

Competing the requirements in response to potential immediate civilian contingency construction outside of an established contract vehicle, such as this MAC, would result in unacceptable delays in fulfilling the agency’s requirements. The Government has a need for an established contract vehicle for emergency response for contingency situations and the continuing work under the GCC MAC. The existing contractors have established/approved contingency response plans providing a ready source for rapid response to contingency situations. Only work that is urgent and compelling will be placed under this extension.

5. Rationale Justifying Use of Cited Statutory Authority.

The GCC MAC Contract was first awarded on 15 July 2021, and on 10 August 2021 a GAO protest was received. As a result of the protest corrective action was taken, and the Stop Work Notice issued on 12 August 2021 was lifted on 27 June 2022. After confirmation of contract awards following corrective action, a second GAO protest was received on 25 July 2022 and Stop Work Notices were re-issued on 26 July 2022. On 1 September 2022 a COFC protest was also received, resulting in the dismissal of the GAO protest on September 6, 2022. COFC rendered a decision on the protest on 3 January 2023. The Government again took corrective action, which resulted in the filing of a pre-award protest on 5 August 2023 and award of the follow-on contract occurred 19 September 2024.

The existing IDIQ contracts were competitively sourced and are currently used to award competitive task orders. Extending these contracts will ensure continued availability of this critical contract vehicle and will avoid unacceptable delays in fulfilling the agency’s requirements. As stated above, due to the urgent unpredictable nature of the work that is ordered under this contract, the Government needs to have a contract vehicle in place in order to meet its response requirements if any contingency or emergency were to occur. Having to execute individual stand-alone contract actions in the face of any actual contingency or emergency would result in unacceptable delays in fulfilling NAVFAC’s program requirements. Additionally, much of the work under this contract action will require a rapid response to emergency/contingency requirements, which is not conducive to firm fixed price arrangements and requires the use of a cost type contract. Analysis of a new contractor’s cost accounting systems requires extensive Defense Contract Audit Agency support and takes additional resources and time to complete.

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

Pursuant to FAR 5.202(a)(2) a synopsis is not required when an unusual and compelling urgency precludes competition and the Government would be seriously injured if the agency complied with the notice requirements specified by the regulations. Additionally, in accordance with 6.305(b), the J&A will be posted within 30 days after the execution of the modification. As the existing IDIQ multiple award contractors are vetted sources possessing the capabilities to perform immediately upon demand for the extension period, and any task orders issued will continue to occur using competitive techniques among awardees, no additional sources will be solicited for this extension.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. The basic contract was procured competitively and resulted in six awards. Rates established in the contract were determined fair and reasonable based on cost and price analysis. Rates for option periods were determined fair and reasonable in accordance with FAR 17.207 criteria for exercising options. The Contracting Officer will determine that costs for future contract actions are fair and reasonable by competing task orders among the six awardees, performing price analysis, and comparing cost proposals with the established contract rates under the basic contracts, Government Estimates (GEs), and historical expenses incurred for similar tasks.

8. Actions to Remove Barriers to Future Competition.

This exception to full and open competition is dictated by the exigent circumstances. The follow-on contract was awarded based on full and open competition after exclusion of sources in accordance with FAR 6.204.

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.

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

APPROVING OFFICIAL

Upon the basis of the above justification, I hereby approve the award of the proposed procurement action described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2).

(757) 322-4489 _____________ Linda Stein Phone No. Date Division Director, NAVFAC Atlantic Special Programs y g