N0018918R0007_JA_N0018913D0038__Post_Award_Protest__Redacted.pdf

Source Selection Information – See FAR 2.101 and 3.104 1

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

1968 GILBERT STREET SUITE 600

NORFOLK VA 23511-3392

IN REPLY REFER TO

Code 245

17 May 2019

J&A# 19269

JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the Agency and Contracting Activity.

a. Agency Name: Naval Facilities Engineering Command (NAVFAC) Mid-Atlantic, Public Works Department (PWD) Crane

b. Contracting Activity: Department of the Navy, Naval Supply Systems Command (NAVSUP)

Fleet Logistics Center (FLC) Norfolk

Contracting Department, Code 245

1968 Gilbert Street, Suite 600

Norfolk, VA 23511-3392

2. Description of the Action Being Approved.

The Government has a continuing need for the services being provided under Indefinite Delivery-Indefinite Quantity

(IDIQ) contract N0018913D0038 awarded to Management Consulting, Inc. (MANCON).

The final option period for contract N0018913D0038 expires on 31 May 2019. A follow-on competitive award was made on 30 April 2019, but a post-award Government Accountability Office (GAO) protest was submitted by an unsuccessful offeror. This is a non-competitive action with the above referenced contractor to ensure continued material and services support to NAVFAC Mid-Atlantic PWD Crane, while the protest is resolved and a follow-on contract is awarded.

This proposed action will result in the issuance of a new firm-fixed price bridge contract with a three-month base period of performance, beginning on 01 June 2019 and continuing through 31 August 2019, with three one-month options extending performance through 30 November 2019 if exercised. The estimated value of the base period is

, and the total value with all options is . The value of the bridge action is based on the quote for services provided by MANCON and projected material expenditures provided by NAVFAC Mid-Atlantic

PWD Crane.

3. Description of Supplies/Services.

NAVFAC Mid-Atlantic PWD Crane relies on this contract to provide materials in support of Naval Support

Activity, Crane Indiana. Contract N0018913D0038 provides streamlined third party logistics support to the PWD.

NAVFAC personnel categorize repairs and maintenance as emergency, urgent, and routine. The timeline for completion ranges from twenty-four hours to ten days. An emergency categorization is a point of failure and creates risk to health, safety, and/or continued Government operations. An urgent and routine categorization has the potential to be categorized as emergency if there is a delay in repair. If NAVFAC personnel cannot expeditiously procure material utilizing the contract to process repairs and maintenance requests, they are unable to perform maintenance and repairs of facilities and utility systems on time within the mandated categories identified above.

Any transition to another contractor would require thirty days. Given the critical nature of the services described above, NAVFAC cannot accept any lapse in support. MANCON has personnel and inventory in place to support

Source Selection Information – See FAR 2.101 and 3.104 2 the PWD and is the only contractor in position to prevent such a lapse. Therefore, issuance of the proposed bridge action while the protest is resolved is necessary to ensure that NAVFAC’s mission requirements continue to be met.

Fiscal year (FY) 2019 Working Capital funds will be utilized for this action.

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

10 U.S.C. 2304(c)(2), - Unusual and Compelling Urgency, as implemented by FAR 6.302-2.

5. Rationale Justifying Use of Cited Statutory Authority.

The proposed bridge contract results from the protest filed by an unsuccessful offeror against the original award of the follow-on contract. This bridge provides for continued material support while the protest process continues, and the bridge contract will be issued for the minimum performance period required until performance can begin under the new contract. The competitive follow-on contract was awarded on 30 April 2019, with the existing contract expiring on 31 May 2019. A post-award protest was received on 13 May 2019. There is insufficient time to make an award to any party other than the incumbent without the Government incurring serious injury.

The support to be provided under the authority requested by this J&A is critical and is necessary in order for the

Navy to continue its mission. MANCON is considered to be the single responsible source capable of performing the required services for the period detailed above because it has personnel and inventory currently in place to support the PWD. NAVFAC personnel require the supplies provided under this contract to complete emergency repairs, which is a point of failure and creates risk to health, safety, and/or continued Government operations. If NAVFAC personnel cannot expeditiously procure material utilizing the contract to process repairs and maintenance requests, they are unable to perform maintenance and repairs of facilities and utility systems on time within the mandated categories identified above. Any transition to another contractor would require thirty days. Given the critical nature of the services described above, NAVFAC cannot accept any lapse in support.

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

As detailed elsewhere in this document, there is an on-going competitive procurement for the follow-on contract.

Concurrent with the performance under this bridge contract detailed herein, the Government is continuing its efforts to award the follow-on contract pending disposition in response to a GAO protest. The goal of the action is to ensure uninterrupted support services are provided until the follow-on contract is awarded.

7. Determination of Fair and Reasonable Cost.

The contracting officer will determine the anticipated cost to the Government of the supplies and services covered by this J&A to be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

As stated herein, the incumbent is the only contractor that possesses the necessary qualifications to immediately provide continued support of the required services without a negative impact to the Navy.

As detailed elsewhere in this document, there has been an on-going competitive procurement for the follow-on contract.

9. Contracting Point of Contact.

Danielle Lafferty, Contracting Officer, telephone (703) 585-9382

Email: danielle.lafferty@navy.mil

Source Selection Information – See FAR 2.101 and 3.104 3

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

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

CONTRACTING OFFICE CERTIFICATION

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

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A/LSJ value is between $700K and $13.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.