ACE Capacity increase J_A 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-016

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 Multi- Media Environmental Compliance Services, with an Emphasis on Storm Water, Wastewater, and Drinking Water for the Naval Facilities Engineering Command (NAVFAC) Washington DC Area of Responsibility (AOR) and US Territories, Contract Number N40080-21-D-0013.

This modification will increase the contract capacity by $10 Million, from $30 Million to $40 Million. The single award IDIQ contract was awarded to Association of Consultants and Engineers on 12 February 2021.

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) 25 and 26 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 11 August 2026. This action will not extend the period of performance.

3. Description of Supplies/Services.

The primary purpose of the Multi-Media Environmental Compliance Services, with an Emphasis on Storm Water, Wastewater, and Drinking Water contract is to provide a full range of methods, technologies and environmental support for the Washington DC AOR activities to be in compliance with environmental laws and regulations and meeting budgets and schedules.

The work requires preparation of plans/studies, evaluations, surveys, sampling, permit support, assessments, characterizations, training, air quality compliance, waste and materials compliance, storage tank and spill compliance, environmental planning, cultural resource management, biological resources management, and restoration in the NAVFAC Washington AOR to include metropolitan Washington, DC, Maryland and Virginia locations.

Subj: JUSTIFICATION AND APPROVAL FOR INCREASING THE TOTAL CAPACITY

FOR THE NAVFAC WASHINGTON REGIONAL INDEFINITE DELIVERY

INDEFINITE QUANTITY CONTRACT

This additional capacity requested will be used to meet the demand of projects to ensure compliance with the upcoming ban of Aqueous film-forming foam (AFFF) within the DC AOR, in addition to the expected environmental compliance concerns. The exact amount of future task order awards is unknown for the additional AFFF projects. However, the estimated value of planned FY 25 and 26 projects for EV1 has been provided in section 5. Increasing the contract capacity was determined to be the only method possible to ensure that time sensitive, mission critical projects described herein are procured on a sole source basis 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 (including $5 Million option) was competed as a Women-Owned Small Business set-aside, and awarded to Association of Consultants and Engineers, on 12 February 2021. The basic IDIQ contract includes a 5-year ordering period and FAR 52.217-8 Option Period (6-month extension period), ending on 11 August 2026.

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 was due to an unanticipated heavy spike in Environmental Compliance workload to meet requirements in FY23. The unusual spike in FY23 environmental requirements plus the upcoming AFFF compliance projects require obligation beyond the remaining capacity of the contract to meet future years requirements. These unanticipated and unforeseen requirements in FY23 and in the future portend an accelerated usage of this contract. Although the total task orders for execution through FY25 and FY26 are unknown, based on the current usage rate of the contract, it is expected that the contract will exceed capacity before the end of the IDIQ expiration date of 11 August 2026.

FOR THE NAVFAC WASHINGTON REGIONAL INDEFINITE DELIVERY

INDEFINITE QUANTITY CONTRACT

The additional capacity requested will be required to execute the critical, mission-essential Environmental Compliance projects focused on Storm Water, Wastewater, and Drinking Water targeted for FY25-26 requirements, with an estimated value of $12,000,000, along with unknown AFFF related projects.

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.

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

Increasing the contract value of the current contract by $10 Million is the most advantageous way to fulfill the Government’s imminent and foreseeable contracting requirements.

Competing the projects on a stand-alone basis is not in the best interest of the Government. The administrative effort required to award a new, standalone contract is not cost effective and cannot be completed timely, which impacts the Government’s ability to meet mission essential requirements. Failure to award these critical, mission-essential Environmental Compliance projects in a timely manner would result in a severe impediment or mission stoppage. The Navy risks notice of violations and/or fines if the work is not completed rapidly.

As explained herein, procuring requirements outlined herein through full-and-open competition outside of the IDIQ is neither practical nor achievable, since it will result in potentially meaningful delays and substantial project cost increases while also potentially negatively impacting the DON’s mission objectives in NAVFAC Washington. 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. Synopsis of the proposed requirements will not be published to the SAM.gov contract opportunities website due to applicable exception under FAR 5.202(a)(6), which

FOR THE NAVFAC WASHINGTON REGIONAL INDEFINITE DELIVERY

INDEFINITE QUANTITY CONTRACT

indicates that indefinite quantity contracts are not required to be synopsized.

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 requiring activity will compete future requirements. Pre-solicitation activities to procure the follow-on contract is scheduled to begin in Q1 of FY25.

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 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

FOR THE NAVFAC WASHINGTON REGIONAL INDEFINITE DELIVERY

INDEFINITE QUANTITY CONTRACT

CONTRACTING OFFICER CERTIFICATION

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

Signature

Signature Name (Printed) Date

ECH 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.

Signature Name (Printed) Date