N4008024JA017 (Summer) JA 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-017

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).

2. Description of the Action being Approved.

This justification and approval (J&A) seeks authority to award a modification to increase the contract maximum Not-To-Exceed (NTE) capacity of the NAVFAC Washington Regional

Indefinite Delivery/ Indefinite Quantity (IDIQ) Contract for Multi-discipline Architect-

Engineering (A/E) services for Mechanical, Electrical, Plumbing and Fire-Protection

Engineering Services in NAVFAC Washington’s Area of Responsibility (AOR), contract No.

N40080-20-D-0017 . This modification will increase the contract maximum NTE capacity by

$15 Million, from $30 Million to $45 Million.

The additional capacity will allow the Government to execute known, critical follow-on actions required to complete previously awarded task orders (to include unexercised post construction award services) on this contract vehicle. The contract period of performance is not being extended beyond the current expiration of 15 June 2025.

3. Description of Supplies/Services.

Contract N40080-20-D-0017 was awarded to Summer Consultants, Inc. by NAVFAC

Washington on 15 June 2020. The award was made for the ordering of individual firm-fixed-price task orders for the accomplishment of various miscellaneous mechanical, electrical, and plumbing design and engineering services in support of projects at military installations throughout Naval Facilities Engineering Command Washington area of responsibility. The contract includes a 12-month base and four twelve-month option periods. The contract’s final option period expires 15 June 2025.

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.

§3204(a)(2), as implemented by FAR 6.302-2 – Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

This AE IDIQ provides general construction architectural and engineering (AE) services for several critical projects aboard installations throughout the NAVFAC Wash AOR. Providing essential design services enables the construction of complete and usable facilities to support successful execution of the following command priorities: a) Fire Protection System projects are essential for protecting lives and keeping sensitive equipment from harm; B) HVAC projects crucial for the quality of life and safety of personnel as well as crucial in maintaining environments for optimum equipment

Subj: JUSTIFICATION AND APPROVAL FOR INCREASING THE TOTAL CAPACITY FOR THE

NAVFAC WASHINTON REGIONAL IDIQ FOR CONTRACT FOR MULTI-DISCIPLINE

ARCHITECT-ENGINEERING (A/E) SERVICES FOR MECHANICAL, ELECTRICAL,

PLUMBING AND FIRE-PROTECTION ENGINEERING SERVICES THROUGHOUT NAVFAC

WASH AOR

Page 2 of functioning; c) Projects ensuring reliable access to utilities such as electric, water, and gas are fundamental to the continuous operation of facilities; d) Projects that mitigate environmental hazards help to maintain compliance with regulation and long-term stability of command operations; e) Hangar operation projects are essential for the maintenance, repair, and storage of our aircrafts. Projects such as these ensure safety, operational efficiency, regulatory compliance, and the security of all

Government assets. A failure to award these projects in a timely fashion would result in a severe impediment, or mission stoppage to these installations' operations and subsequently will result in risk to overall National Security as our infrastructure is the foundation for warfighter support. No other resource can satisfy the Navy’s needs as completely, cost-efficiently, and timely as the current IDIQ vehicle without sacrificing the mission needs of the warfighter.

The A/E IDIQ is expected to reach capacity prior to the completion of several projects that are already in advanced stages of planning, design, and construction. In order to maintain the current design schedule, ensure uninterrupted post-construction award support, and meet the mission critical timeline to support these programs, additional capacity is required. This IDIQ vehicle was planned using a

$30M capacity as sufficient to cover the needs of the region at the time of induction in 2020. Several

NAVFAC Washington IDIQs are using capacity at rates much higher than anticipated at the time of

Acquisition Planning and exhausting capacity prior to their ultimate completion date. The Government is procuring a replacement contract, however the new IDIQ vehicle will not meet the execution timeline needs of the command’s identified projects for FY 2024 execution or Q1/Q2 of FY25 execution. The Government anticipates that it would incur delays of roughly 9 months if the

Government waited until award of a new A/E contract.

The additional capacity will be required to execute critical, mission-essential, projects targeted for

FY24/early FY25 execution. It is imperative that Summer Consultants complete the modifications to awarded projects under this IDIQ to ensure final submittals and services are complete and fully usable.

Not all modifications can be predicted and therefore it is prudent to consider adjustment allowances and effectively plan for the likelihood of additional adjustments during construction.

In determining capacity needs, the Government considered the planned amounts of upcoming projects.

These project planned amounts are established through an internal NAVFAC process whereby supported commands conduct a cost analysis based on similar historical projects, 1391s, or other local cost estimating documents. These planned amounts are then used as the basis to obtain approvals for solicitation.

The below table 1 summarizes the Command’s current requirements to substantiate the additional capacity request.

Table 1. Historical Summer Consultants & AE Obligation:

Current Contract NTE $30,000,000

Actual Awarded Total to date 09/19/2024 $26,195,721*

Planned Modifications $4,380,359*

Ongoing FY24 Execution $1,937,980*

Anticipated Awarded Total $32,514,061*

Additional Capacity:

ARCHITECT-ENGINEERING (A/E) SERVICES FOR MECHANICAL, ELECTRICAL,

PLUMBING AND FIRE-PROTECTION ENGINEERING SERVICES THROUGHOUT NAVFAC

WASH AOR

Page 3 of

Adjustment modifications for existing TOs $3,000,000*

Upcoming FY24 &

Q1/Q2/Q3 FY25

$6,500,000*

Upcoming modification adjustment $1,500,000*

Total $43,514,061*

Additional Capacity

Required

$13,514,061*

SAY $15,000,000

New NTE $45,000,000

*numbers rounded to the nearest dollar

If this additional capacity is not granted, then work for existing projects and future projects will have to be procured through other means, namely standalone awards, or wait until the replacement contract is established. Competing individual projects on a standalone basis is not in the best interest of the Government. The administrative effort required to award new individual contracts is not cost effective and cannot be completed timely on individual projects, which impacts the Government’s ability to meet mission essential requirements.

Under the exigent attendant circumstances, completion of the design effort associated with mission critical projects under the current contract is the most practicable option available. As described throughout this J&A, procuring requirements outlined herein through full-and-open competition outside of the existing AE IDIQ is neither practical nor achievable since it will result in financial harm and otherwise, including potentially meaningful delays and substantial project cost increases. Procuring requirements outside of this IDIQ will also expose DON installations to unnecessary risk and potentially negatively affect the DON’s mission objectives in NAVFAC Washington

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 these urgent and compelling requirements as outlined in the table above. This increase in capacity is required to execute modifications to existing and ongoing task orders. 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 informing industry of the Government’s intent to increase subject aggregate capacity.

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 to be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

NAVFAC Washington is actively competing three new AE IDIQ contracts: two for General

Services valued at $30M and $50M, respectively, and one for Mechanical, Electrical, Plumbing, Fire Protection Services valued at $30M. Each of these IDIQs is anticipated to include a two (2) year base period and two (2) three-year option periods. Action is being

ARCHITECT-ENGINEERING (A/E) SERVICES FOR MECHANICAL, ELECTRICAL,

PLUMBING AND FIRE-PROTECTION ENGINEERING SERVICES THROUGHOUT NAVFAC

WASH AOR

Page 4 of taken across the command to mitigate need for future capacity increases to the regional contracts. NAVFAC Washington has been utilizing the FY24 Acquisition Planning process to prioritize new projects and shift new projects to other vehicles; as well as procuring several new single award IDIQ vehicles with larger NTE capacities to meet the growing needs of the region.

Date: 2024.09.27 15:02:50 -04'00'

Date: 2024.09.28 10:01:26 -04'00'

CERTIFICATIONS AND APPROVAL

TECHNICAL 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:

LIENHART.ELIZABETH.A.1455439929 Digitally signed by LIENHART.ELIZABETH.A.1455439929

Elizabeth Lienhart

Signature Name (Print) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

KARNS.BRIDGET.ASHLEY.1241619296 Digitally signed by KARNS.BRIDGET.ASHLEY.1241619296

Bridget Karns

Signature Name (Printed) Date

CONTRACTING OFFICER CERTIFICATION

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

Digitally signed by SNOW.HOLLY.R.1521439536 Date: 2024.09.28 16:17:19 -04'00'

Holly Snow

SNOW.HOLLY.R.1521439536

ECH IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as 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. 3204 (a)(2) - Unusual and Compelling

Urgency.

Capt. Omarr Tobias

SNOW.HOLLY.R.1521439536