JAML-21-32_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML 21-32 22 February 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT), Resident Officer in Charge of Construction (ROICC) Marine Corps Base Camp Lejeune, North Carolina (MCB CLNC).

2. Description of the Action Being Approved: Award of a 12-month extension to Contract N40085-15-D-0805, Operation and Maintenance of Onslow Bridge, Camp Lejeune, North Carolina. The extension is necessary in order to perform pre-award/award activities and allow for the required 60-day phase-in period.

3. Description of Supplies/Services: The Contractor shall provide labor, supervision, tools, material, and equipment required to operate and provide inspections and preventative maintenance services to the Onslow Beach Bridge at MCB CLNC. The original contract completion date was 31 March 2020. A previous bridge action was approved to extend services through 31 March 2021. This second bridge action will be effective from 01 April 2021 up to and including 31 March 2022 with an estimated value of for recurring services.

These services will be funded with FY21 Operations & Maintenance funding.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency. The agency’s need for these services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.22(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4, is deemed appropriate due to the unusual and compelling need for operation and maintenance services on the Onslow Beach Bridge at MCB CLNC. The acquisition strategy for the follow-on contract was to consolidate these services into the Base Operating Support Contract (BOSC) during the re-procurement of the BOSC. However, the new BOSC contract did not have an achievable acquisition strategy until recently, therefore, an extension to the current contract is required in order to continue services until the follow-on BOSC contract can be awarded.

J&A No. ML 21-32 22 February 2021

Without continual services at the Onslow Beach Bridge, the bridge will not have any preventative maintenance performed, will not be able to be certified, and will not be able to be operational. The bridge would not be able to be raised or lowered, which would result in both vehicular or maritime traffic not being able to pass and the inability for the Marine Corps to perform their amphibious training. The unusual and compelling urgency of this requirement precludes full and open competition. Delay of contractual coverage for critical operation and maintenance services at the Onslow Beach Bridge would adversely impact mission readiness and could potentially result in life, health, and safety endangerment to military and civilian personnel.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the urgent need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. The incumbent is currently mobilized at the site, is intimately familiar with the work to be performed, and is performing satisfactorily.

7. Determination of Fair and Reasonable Cost. The price was determined to be fair and reasonable prior to award, and pricing for this 12 month extension will remain the same, pending a change in the SCA wage determination and/or the Collective Bargaining Agreements.

Therefore, the Contracting Officer has determined the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition. This is a one-time exception to full and open competition, which is dictated by the exigent attendant circumstances. The follow-on contract will be awarded based on full and open competition after exclusion of sources in accordance with FAR 6.204.

Signature Page Redacted for Posting