N3943014R1405_JA.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING AND EXPEDITIONARY WARFARE CENTER

1000 23RD AVENUE

PORT HUENEME, CA 93043-4301

JUSTIFICATION AND APPROVAL

IN REPLY REFER TO:

JA-18-01 6

N39430-1 5-D- 1600

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The requiring activity is Naval Facilities Eng ineering and Expeditionary Warfare Center (EX WC), Code C I- 11 , Port Hueneme, CA. The contracting activity is EX WC Acquisitions, Code ACQ72, Port Hueneme, CA.

2. Description of the Action Being Approved.

This .Justification and Approval authorizes the issuance of a construction/repa ir Task Order to one firm, witho ut prov iding a fair opportunity for the remaining seven contractors, under the current Global Petroleum Oil and Lubricants Multiple Award Construction Contract (GPOL MACC), to submit a proposal.

3. Description of Supplies/Services.

APT IM Federa l Services, LLC (formerly C B&I Federa l Services) is one of the G PO L MACC contract ho lde rs (N39430-l 5-D-l 632). The pending request for proposal is to perform emergent repa irs identified for Tank 5 at the Red Hill Underground Fue l Storage Facility. The estimated value of thi s acquis ition is approx imately $ 1,500,000.

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

The exceptions to fair opportunity are found at FAR I 6.505(b)(2)(i). In this case the more appropriate statutory authority for not providing a fair opportunity is I 0 U .S.C. 2304( c )(I ), as implemented by FAR 6 .302-1. Not providing for fair opportunity is justified because awarding to another GPOL contractor would result in a "substantia l duplication of costs to the Government that is not expected to be recovered through competition." As discussed in detail in paragraph 5, the estimated duplication of cost is $903.000.

5. Rationale Justifying Use of Cited Statutory Authority.

Background APTIM is currently the Red Hill Tank 5 logistics subcontractor for AE firm Enterprise Eng ineering, Inc. ("EEi") who completed an A PI 653 inspection of Tank 5 in February 2018 (N39430-15-D-l 678 TO 00 11 ). EEi's inspection identified emergent repairs that are required before Tank 5 can receive a Suitability for Service Testament. EEi is unable to perform the Tank 5 repairs since the ir task order is an AE contract for inspection services.

Unique Conditions

JA-18-016

N39430- I 5-D- l GOO

The Red Hill fuel tanks are underground mined storage tanks constructed within a reinforced concrete encasement with an inner steel liner. These unique tanks were constructed in the early 1940s and are 250 feet tall and I 00 feet in diameter, with restricted access through an underground tunnel system.

As the logistics subcontractor to EEi for the Red Hill Tank 5 inspection, APTIM developed work plans and submittals, prepared the tank for inspection. and supported EEi's NDE and inspection work with site operations (site management. operators, and equipment technicians).

In addition to being the logistics subcontractor to EEi for the Tank 5 inspection, APTIM was also selected and awarded two current task orders in August 2016 to clean, inspect and repair five of the Red I !il l tanks (Tanks 4 & 13, and Tanks 14, 17 & 18) under the GPOL MACC (N39430-15- D-1632 TO 0004 & TO 0005). APTIM was awarded the two c lean-inspect-repa ir task orders based on their method to safely access the tank shell, their robust temporary utilities plan, testing of NDE examiners, performance of random QC sampling, management of inspection data, and deployment of redundant NDE techniques. Since award of these two task orders. APTIM has c leaned Red Hi ll Tank 13, and completed inspection of Red Hill Tanks 13, 14, and 17.

Preconstruction Plans APTIM jointly developed the Health and Safety Plan, Fa ll Protection and Prevention Program and Confined Space Program to support EEi's inspection of Tank 5. Development of these preconstruction plans was abou- . The Government will obtain a cost benefit because these same plans would be used for the Tank 5 emergent repairs Task Order.

Tank Access APTIM purchased the telescoping booms and baskets from the prior Tank 5 repair contractor (Wi ll bros Government Services). As EEi's Tank 5 logistics subcontractor, A PTIM revised the design of this equipment to safely access and inspect the Tank 5 interior surfaces. APTIM also designed and constructed a suspended scaffold system to access the area of Tank 5 underneath the catwalk. They completed inspection and load testing of the equipment. The cost w~, which represents a significant cost benefit to the Government s ince APTIM's tank access equipment would be used for the Tank 5 emergent repairs, is a lready in place in Tank 5, and is certified compliant.

Temporary Utilities APTIM provided the existing infrastructure for temporary utilities for the Tank 5 inspection. This includes temporary ventilation. tower lighting, compressed a ir, and e lectrical power connections in the upper and lower tunne ls. The cost to supply and set up th is equipment for Tank 5 was - Schedule APTIM currently has company employees and subcontractors working in the Red Hill facil ity unde r their other tank c lean-inspect-repair task orders with current Red Hill Fuels security credentia ls. The Government benefits because security badging for a new Red Hill contractor takes up to 16 weeks to obtain . The fie ld time for APTlM to mobilize. install temporary utilities, JA-18-01 6

N39430- I 5-D- 1600 and modify, install and test the tank access equipment for the Tank 5 inspection took about 12 weeks. Since APTIM's equipment is already in place the Government w ill also benefit w ith an accelerated schedule because these critical path systems are a lready in place at Tank 5. Tank 5 repa ir planning efficiency is additio nally expected s ince APTIM is already working on two other task orders at the faci lity.

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

The Government issued a market survey by contacting the other GPOL MACC contract holders on 29 March 2018 and informing them of the intentions and reasons to source the Tank 5 repair work to APTI M. Four firms stated that they agreed w ith the Government' s rationale, two firms stated they would not pursue the work, and two firms (APTIM and Weston Solutions) did not respond.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer wi ll determine the cost to the Government of the services covered by this Justification wi ll be fa ir and reasonable in accordance with FAR Part 15.

8. Actions to Remove Barriers to Future Competition.

No future task orders for repair or construction work in Tank 5 are anticipated.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are inc luded in this Justification and its supporting acquis ition planning documents, except as noted here in are complete and accurate to the best of my knowledge and be! ief.

PASCO.GUY.F.1

113916440

Guy Pasco

019tally1.19ned by PASCO.GV- DN: c• US, o•U.S. Govt>mment , D.lt~: 2018.0S..21 1 U'6:1S ·10'00'

Project Manager NAVFAC EXWC, Cl- I I 808-448-2714

CULHAN Jos P Olgltally slgnedb~

'li- E E CULHANE.JOSEPH ' ON c US o US .oo=

H.D.1231924643 ~ Joseph Cu lhane Capital Improvements Department Head NAVFAC EXWC. Cl 805-982-1244

.'~ •:Y .. - ..

21May2018

Date

Date

LEGAL SUFFICIENCY REVIEW

I have determ ined this Justification is legally sufficient.

Digitally signed by

HAUGHTELI N.CRAIG. HAUGHTEL IN.CRAIG.DWAI,..

DWAIN.1156643080

Craig Haughtelin Counsel

NAYFAC EXWC

805-982-3011

Date: 2018.05.22 10:04:03-07'00'

CONTRACTING OFFICER CERTIFICATION

Date

JA-18-016

N39430- I 5-D-1600

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

Digitally signed by

DOMINY.RUSSELLO DOMINY.RUSSELL.ORRIN.J~

RRIN.JR.1016335599 !lt,8.os.2211:20:16-07'00·

Russell 0. Dominy Chief of the Contracting Office

NA YFAC EXWC, ACQ

805-982-30 I 0

APPROVING OFFICIAL (NFAS 6.304)

Date

Upon the basis o f the above justification, I hereby approve the solicitation of the proposed procurement described herein us ing other than ful l and open competition, pursuant to the authority of I 0 U.S.C. 2304 (c)(I ) .

Oogotally"9ned by ,...-i.

GREESON.JOSEPH ~~~s~.~:i~H&......._0o0 .

. LEE. l 011057868 ;~:~~~~slP•••··

Date 201805.2112.JS:2Z-:07"00'

Joseph L. Greeson

CAPT. CEC,USN

Date

Acting Commanding Officer and Competiti0n Advocate, NA VF AC EXWC