N40080-24-JA-008_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND WASHINGTON

1314 HARWOOD STREET SE

WASHINGTON NAVY YARD DC 20374-5018

J&A No. N40080-24-J&A-008

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The requiring activity is Naval Facilities Engineering Systems Command (NAVFAC), Washington, District of Columbia (DC) Area of Responsibility (AOR).

2. Description of the Action Being Approved.

This justification and approval (J&A) seeks authority to increase the contract maximum Not-To- Exceed (NTE) capacity for the Indefinite Delivery Indefinite Quantity (IDIQ) for Environmental Planning and Conservation Services for the Washington DC AOR and US Territories, Contract Number N40080-22-D- 0010. This modification will increase the contract capacity by $15 Million, from $30 Million to $45 Million. The single award IDIQ contract was awarded to Marstel-Day, LLC on 26 April 2022.

This increase in the ordering capacity of the current IDIQ contract will ensure that sufficient capacity is available to order known, specific requirements which must be awarded in fiscal year (FY) 24 and support reasonable potential modifications to such requirements as well as modifications to previously awarded task orders under this contract vehicle. The basic IDIQ contract includes a 5-year ordering period and FAR 52.217-8 Option Period (6-month extension period), with a period of performance ending on 25 October 2027. This action will not extend the period of performance.

3. Description of Supplies/Services.

The primary purpose of the Environmental, Planning and Conservation Services contract is to provide design, engineering, and environmental services as necessary to support the Washington DC AOR and its customer activities. The work requires preparation of plans/studies, environmental planning, cultural resource management, biological resources management, and environmental compliance and restoration in the NAVFAC Washington area of responsibility to include metropolitan Washington, DC, Maryland and Virginia locations. Work shall be performed in accordance with applicable laws such as the: National Environmental Policy Act; Sikes Act Improvement Act; Clean Water Act; Safe Drinking Water Act;

Clean Air Act; Endangered Species Act; Bald and Golden Eagle Protection Act; Marine Mammal Protection Act; Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act and must be in compliance with OPNAVINST 50090.1 (series);

Executive Order 13508 (current version) and the Department of the Army, Manual No. EM385- 1-1, Safety and Health Requirements. The IDIQ has primarily functioned as the most viable tool used to successfully and effectively procure design, engineering, and environmental services to support environmental requirements in the Washington, DC AOR. This additional capacity will be used to meet demand of large-scale climate resiliency restoration projects within the DC

Subj: JUSTIFICATION AND APPROVAL FOR INCREASING THE TOTAL CAPACITY

FOR THE NAVFAC WASHINGTON REGIONAL INDEFINITE DELIVERY

INDEFINITE QUANTITY CONTRACT

AOR. The exact amount of future task order awards is unknown for resiliency. However, the estimated value of planned projects for CN, CR and NEPA has been provided in section 5.

This IDIQ functions as the predominant and most viable tool used to successfully and effectively procure environmental conservation planning services to support the environmental division at NAVFAC Wash. Increasing the contract capacity was determined to be the only method possible to ensure that time sensitive, mission critical projects described herein are competitively procured and timely awarded to avoid possible negative impacts.

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. FAR 6.302-2 permits contracting without providing for full and open competition in situations where 1) an unusual and compelling urgency precludes full and open competition, and 2) delay in award of a contract would result in serious injury, financial or other, to the Government.

5. Rationale Justifying Use of Cited Statutory Authority.

The original IDIQ with a NTE capacity of $30 Million was competed as 100% Small Business set-aside, and awarded to Marstel-Day, LLC, on 26 April 2022. The basic IDIQ contract includes a 5-year ordering period and FAR 52.217-8 Option Period (6-month extension period), ending on 25 October 2027.

The IDIQ usage rate is at a higher rate than normal, with 50% of its capacity utilized for task order awards and pre-negotiated optional tasks during the first two years of contract award. This is due to the unanticipated spike in workload to meet Climate Resiliency requirements in FY23. The unusual spike in environmental requirements requires obligation beyond the remaining capacity of the contract to meet future years requirements of Climate Resiliency. Unanticipated and unforeseen execution of additional Resiliency, Environmental Planning, Natural Resources and Cultural Resources funding in FY22 and FY23, resulted in a spike in the usage of this contract. Although the total task orders for the execution of additional resiliency funding through FY24 and FY25 are unknown, based on the current usage rate of the contract, it is expected that the requirement will exceed funding capacity before the end of FY25. We do not have adequate time or resourcing levels to award a follow-on contract, by FY25. The capacity being added through this J&A will allow us to fulfill contractual needs through the original anticipated end date of October 2027.

The additional capacity will be required to execute the critical, mission-essential projects targeted for FY24 requirements, with an estimated value of $6.6M.

This contract vehicle has pre-negotiated rates for labor categories and that has been determined to be fair and reasonable, based on market research utilizing rates from several IDIQs with similar scope, that were competed and awarded by various NAVFAC Systems Commands.

If additional capacity is not granted, when the capacity is reached, awards will have to be procured as standalone contracts. This method would not be in the best interest of the Government because of the time and resources to procure project-specific contracts. The standalone contracts take up to 14 months to execute, which places funding at risk for execution of task order awards, due to the inability to execute within the end of year award timeframe.

Increasing the contract value of the current contract by $15 Million is the most advantageous way to fulfill the Government’s imminent and foreseeable contracting requirements. No other resource can satisfy NAVFAC Washington’s needs as completely and cost-efficiently as the current contract vehicle.

Procuring the requirements as standalone contracts would require significant amount of time and resources and is not likely to garner any significant savings beyond what procuring through the current contract already provides.

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

As explained herein, this IDIQ is the only vehicle that enables NAVFAC to meet the requirements outlined under Section 5, above. Competing the projects on a stand-alone basis is not cost effective and cannot be completed timely, which impacts the Government’s ability to meet essential requirements. In accordance with FAR 6.305, the approved J&A will be posted on SAM.gov within 30 days after award of the contract modification.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable, based on Market Research.

8. Actions to Remove Barriers to Future Competition.

The follow-on IDIQ is currently scheduled for award in Q1 FY27.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS /FUNCTIONAL LEAD 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 here in, are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Date

CONTRACTING OFFICER CERTIFICATION

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

ECHELON IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as the Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(2) – Unusual and Compelling Urgency.