N3943015D1637_JA_Towers_Option_redacted.pdf

DEPARTMENl 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-19-0 I 0

28 May 2019

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. The requiring activity is Naval Facilities Engineering and Expeditionary Warfare Center (NA VFAC EXWC) Capital Improvements Code CI-10. The contracting activity is NAVFAC EXWC Acquisition ACQ72, Port Hueneme, California. The NA VFAC EXWC point of contact is Mr. William J. Hepler, who can be reached at DSN 551- 3872 or (805) 982-3872.

2. Description of the Action Being Approved. Approval is sought to award a modification that will exercise the fourth and final option year of contract N3943015D 163 7, which has an ordering value of not to exceed $3.000,000. The contracf s third option period expired on 26 April 20 I 9 due to an administrative oversight. The Government still has a need for the services covered by this option with five projects estimated to cost a total of$ I J 00,000 over the next year.

3. Description of Supplies/Services. Contract N3943015Dl637 is an architect and engineering (A-E) contract for engineering services for structural and radio-frequency design. a major part of which is the inspection of Navy Communications towers, worldwide. The A-E contractor performs inspections on the structural integrity of the towers. performs tower grounding systems inspections, performs fall protection recertification, and identifies required repairs necessary to keep the towers in a fit and useable state.

4. Statutory Authority Permitting Other Than Full and Open Competition. Authority for the use of other than full and open competition, is based on 10 U.S.C. 2304 (c)(2) as implemented by FAR 6.302-2, "Unusual and Compelling Urgency'·.

5. Rationale Justifying lJse of Cited Statutory Authority. ANSl/TJA-222H is the primary industry standard that Naval Facilities Engineering Command (NA VFAC) uses for maintenance and inspection of antenna towers. It recommends periodic inspection of these structures at three year intervals for guyed masts and five year intervals for self-supporting structures. Inspection is recommended after severe wind storms or other extreme conditions. Shorter intervals may be required for risk category lll or IV structures and structures in coastal regions. in corrosive environments. UFC 3-301-0 I, Structural Engineering. defines risk categories; risk category III is for buildings and other structures that represent a substantial hazard to human life or represent significant economic loss in the event of failure. including facilities having high-value equipment. Risk category IV is for buildings and other structures designed as essential facilities.

including designated emergency preparedness. communication, and operation centers; structures having Department of Defense mission-essential command, control and data handling functions;

water storage facilities, and pump stations required to maintain ·water pressure for fire suppression are also included.

JA-19-010

A majority of the Navy's towers arc in coastal regions and subject to severe corrosion. The largest project under this contract will inspect a group of such towers is in the southeast United States which have experienced six hurricanes since the towers were last inspected between 2013 and 2015. Some of these structures are adjacent to buildings occupied by operational and office workers, so the integrity of the structure is essential to life safety of those located close by the towers. Some structures support antennas that are part of emergency response systems and strategic communication systems; some of these qualify as risk category III or IV due to their function.

The contract has a total capacity of $15.000.000 with all options exercised. While the usage to date has only resulted in five task orders valued at approximately $200,000~ NA VF AC EXWC now has five projects valued at approximately $1.1 M to be executed over the next year. The recent hurricanes and the beginning of the current hurricane season requires that NA VF AC EXWC have the ability to rapidly inspect towers to assess their structural integrity.

While NA VFAC EXWC and other NA VFAC commands have A-E contracts for structural work.

this work requires an understanding of structural design and the electrical behavior of high frequency (HF) radio. low-frequency (LF) radio, and lightning. In addition. the A-E must have personnel capable of climbing and inspecting towers, the largest of which are 1.200 feet high.

This A-E has the necessary team members with the required understanding of llF, LF, lightning.

as well as the certifications and personnel with the climbing ability to perform the required inspections without delay.

The time to procure another Indefinite Delivery Indefinite Quantity contract or even a stand alone contract, is nearly a year. Being without a contract to perform inspection of towers places an unacceptable risk on the government.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible. The initial solicitation was issued as a 100% small business set-aside, resulting in three SF330s from small business A-E firms. Award was made to Hutson-Hansen Mentor-Protege Joint Venture. based on best qualified. The contract contained a base year and four one year options, which if exercised, would have an ordering period end date of 26 April 2020. Personnel from Cl-10 are in the process of preparing the procurement package for the follow-on contract. and lost track of the expiration date of Option Year Three.

7. Determination of Fair and Reasonable Cost. Contract N3943015Dl637 has pre-negotiated labor rates, so by exercising the option year bi-laterally. the government has a pre-established negotiation position in the event the A-E firm wants to renegotiate the labor rates. Therefore. the contracting officer will be able to negotiate a fair and reasonable cost to the government.

8. Actions to Remove Barriers to Future Competition. NA VFAC EXWC is currently developing a solicitation, number N 39430 l 9R2156, for a follow-on contract for the services covered under this contract. Based on historical data. it takes approximately one year to solicit, negotiate, and award an AE contract.

CERTIFICATIONS AND APPROVAL

TECHNICAL and 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.

DANN.GEOFFREY. 1. Digitally signed bl..-,.

OANN.GEOFFRE~

- Date:2019.05.2116:39:59-07'00'

Geoff Dann Program Manager

NAVFAC EXWC

Joseph Culhane Capital Improvements Business Line Leader

NAVFAC EXWC

LEGAL SUFFICIENCY REVIEW

(805) 982-1366 Phone No.

(805) 982-1244 Phone No.

I have determined this Justification is legally sufficient.

Gilbert Chong Counsel

NAVFAC EXWC

Digitally signed by

CHONG.GILBERT.I._

Date: 2019.05.22 l~l' (805) 982-2831

Phone No.

Date

Date

Date

JA-19-0I0

CONTRACTING OFFICER

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

HEPLER WILLIAM J Digital ly signed by

~ ~PLER.WILLIAMJDH

OHN.1~ te. 2019.0S.22 16:39:57 -07'00'

William J. Hepler Contracting Officer

NAVFAC EXWC

(805) 982-3872 Phone No.

ECHELON III CHIEF OF THE CONTRACTING OFFICER CERTIFICATION

Date

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

DOMINY.RUSSELL. Digitally signed by

ORRIN.JR.~ YRUSSELLORRIN.JR-

99 - ~19.05.22 17:04:41 -07'00'

Russell 0. Dominy Chief of the Contracting Office

NAVFAC EXWC

(805) 982-30 I 0 Phone No. Date

APPROVING OFFICIAL (NFAS 6.304)

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

CAPT Michael R. Saum Commanding Officer

NAVFAC EXWC

(805) 982-1393 Phone No.