JA 2509 redacted.pdf

DEPARTMENT OF THE NAVYTh\ NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND EUROPE AFRICA CENTRAL

PSC 817 BOX 51

FPO AE 09622-0001

- INDIRIZZOITALIANO:

\. -7 Viale Porto, Box 51 Aeroporto Capodichino 80144 Napoli, Italia

J&A 2509

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Facilities Engineering Systems Command (NAYFAC) Europe Africa Central (EURAFCENT), Public Works Department (PWD), Rota.

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves the extension of the ordering periods of contracts N3319119D0801/N3319119D08021N3319119D0803/N3319119D0819 from 30 May 2025 to 31 March 2026 and increases the shared capacity from $98,000,000 by $20,000,000 to $118,000,000.

3. Description of Supplies/Services.

These contracts provide competitive design-build and design-bid-build construction services to Naval Station Rota, and supported locations including but not limited to the Iberian Peninsula.

Work primarily consists of renovation, repair, demolition, waterfront, airfields, and infrastructure works. These contractors have previously been selected for the superior comprehension of both Spanish and United States Government design and construction standards. This contract action is required to allow for the execution of construction projects aboard Naval Station Rota, until the follow-on award of the replacement Multiple Award Construction Contract (MACC) is awarded. The Public Works Department (PWD) in Rota has planned awards for four known projects required for fiscal year 2025 valued at an estimate .$ .tnd two projects required for early fiscal year 2026 valued at

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

10 U.S.C. 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Authority.

The current contracts expires on 29 May 2025. The incumbent contractors are the only sources capable of performing the required services without unacceptable delays, disruption of services, and substantial duplication of costs. Without this vehicle, there is imminent risk of requirements being unmet until the subsequent contracts are awarded, which will jeopardize the command's mission to support the warfighter. These contracts allow for a streamlined process for the execution of numerous, commonly encountered construction projects in an efficient and effective maimer by reducing unnecessary levels of engineering and contract procurement time while reducing overall project costs. The following projects represent current mission requirements.

Each project supports the warfighter and mission at Naval Station Rota in a unique way.

FY25 projects:

1. Building 30 Windows Replacement _ /

2. Child Development Center Renovations (1i

3. Demolition of Tanks (tjT)

4. Pier 1 Gallery RepairsJJf1

FY26 projects:

1. Conversion of Building 555 (ILt

2. Aircraft Fire & Rescue Building('

These projects represent the known requirements to support end users and supported missions.

These contracts are also critical to have in place to support unforeseen and/or emergency actions which require immediate response. These current contracts are best suited to support urgent construction requirements.

The pre-solicitation notice for the new Rota MACC was posted on January 26, 2024, with a planned solicitation issue date of February 11, 2024. Because the Rota MACC is utilized to perform construction projects that are funded by the North Atlantic Treaty Organization (NATO), NAVFAC EURAFCENT was requested to delay the issuance of the solicitation by 60 days, so that the United State Mission to NATO could provide notification to the other NATO countries regarding this opportunity. This requirement delayed the issuance of the solicitation until April 12, 2024.

Subsequently, the U.S. and Spanish Permanent Committee issued a joint memorandum that required all contractors and subcontractors that perform construction work in Spain under federal contracts, valued at �500,000 or more, to be registered with the Spanish Ministry of Finance and have the required certificates of classification at the time of proposal submission. This new requirement required a change to the solicitation and the extended the due date for Phase II proposals from January 29, 2025 until March 27, 2025.

On 27 March 2025 a pre-award protest was received. In response to this protest the Government will take corrective action. It is the Government's intent to amend the solicitation giving all offerors an additional 90 days to submit their proposals further delaying the acquisition process.

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

In accordance with DFARS PGI 206.302-1, NAVFAC EURAFCENT posted a sources sought notice in SAM on February 25, 2025 seeking sources with experience performing sustainment, restoration, and modernization (SRM) projects; alteration; demolition; repair; and new construction or expansion of any type of facilities or real property assets, including waterfront or airfield facilities with an estimated value of between $500,000 to $7,000,000. The notice also required that the firms be registered with the Spanish Ministry of Finance and hold the necessary certificates of classification to perform multi-disciplined projects, and have current access to Naval Station Rota.

Thirteen responses were received. The firms that responded were and

Five of the firms met all of the stated requirements: having SRM project experience, new construction experience, design-build and design-bid build experience, projects valued between $500,000 and $7,000,000; are registered with the Spanish Ministry of Finance and hold certificates of classification for multiple disciplines of construction work, and have current access to Naval Station Rota. Of these five firmsjTare incumbents on the current Rota MACC.

The result of the sources sought notice demonstrates that there are other potential sources that could perform construction work aboard Naval Station Rota. However, even ifNAVFAC EURAFCENT were to provide an opportunity to on-ramp additional contractors to the current Rota MACC, the two-step design-build selection procedures required by FAR subpart 36.3 would not result in any new awards on the current Rota MACC sooner than the award of the follow-on, since that solicitation is already in Phase II. Additionally, it would not result in any awards with sufficient time to solicit the Fiscal Year 2025 projects 90 days prior to the end of the fiscal year.

In accordance with FAR 6.305, the approved J&A shall be posted in the government-wide point of entry on SAM.gov within 30 days after award of the bridge contract.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the additional projects awarded under this extension period will be awarded at a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

The Award of a follow-on unrestricted MACC is currently in progress. The anticipated award date was September 30, 2025 but has been further delayed due to a Government Accountability Office (GAO) pre-award protest. The Government now anticipates award on or abouiJ.,.

JT The award of this contract action will eliminate the need for a future bridge contract request.

CERTIFICATION 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 Cognizance:

WOOD.JAM ES.GREGORYJIEJIJ*. 1

.(ORth IT1J$I

Signature Greg Wood, PE 727-1010 Date

Requirements Cognizance:

GI RALDO Digitally signed by GIRALDO CAMACHO.KARINA

CAMACHO KARINA Date 2025042211 2316+0200

Signature Karma Giraldo Camacho 727-2057 Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Digitally signed by BOLINLKEVIN.I J Date: 2025.04.22 13:23:35 +0200'

Signature Kevin E. Bolin 626-2275 Date

CONTRACTING OFFICER CERTIFICATION

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

Digitally signed by HEPLER WILLIAM JOHN .UJtIJJ[ HEPLERWILLIAMJOHNJ$J

Date: 2025.04.22 13:25:33 +0200'

Signature William J. Hepler 727-1020 Date

ASSISTANT COMMANDER FOR CONTRACTING APPROVAL

Upon the basis of the above justification, I hereby approve, as the Assistant Commander for Contracting, the proposed procurements described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).

READAL.CI N DY.S4l ________

Date: 2025.05.09 10:23:58 040OT Cindy Readal Date