N40085-18-C-8705_JA_Expert_consult-NECO.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-18-6 12 January 2018

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Naval Facilities Engineering Command, Mid-Atlantic, Philadelphia, PA

2. Description of the Action Being Approved: This is a sole source action to be awarded as a new contract to McDonough Bolyard Peck, Inc. The placement of a firm fixed price contract is anticipated.

3. Description of Supplies/Services: The proposed acquisition will provide expert consulting engineering/scheduling services to support NAVFAC Mid-Atlantic in resolution of disputes arising from Contract N40085-14-C-5202, Design/Bid/Build for P-536 Energy Recirculation System at the Naval Warfare Center Carderock Division, Ship Systems Engineering Station, Bldg. 633 Complex, Philadelphia, PA. These expert services are required to provide Request for Equitable Adjustment (REA)/claim analysis, schedule analysis, issuance of an expert report, potential deposition testimony and/or trial testimony, and pre- and post-trial support. The period of performance of this contract will be one year, with an option to extend for a second year.

Also included are two other options for litigation services and/or more in-depth consultant services. The total estimated dollar value of this acquisition is $425,500.00.

4. Statutory Authority Permitting Other Than Full and Open Competition: Statutory Authority Permitting Other Than Full and Open Competition is 10 U.S.C. 2304(c)(3)(C), Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services as implemented by FAR 6.302-3(a)(2)(iii) and (b)(3)(i).

5. Rationale Justifying Use of Cited Statutory Authority: McDonough Bolyard Peck, Inc.

provides highly specialized consulting and analysis services. Their demonstrated expertise in comprehensive analysis (critical path schedule, direct damages, etc.) is crucial in determining the validity of the REA submitted by GE Energy Connection Power Conversion (GE), to establish and support the Navy’s legal position vis-à-vis the A/E or construction contractor, and reasonably foreseeable litigation in federal court or before the Armed Services Board of Contract Appeals.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. The contractor’s services are highly specialized and other than full and open competition is expressly authorized for the hiring of litigation-type experts as discussed above. Due to the nature of this type of service, no additional market research was conducted as further research would risk disclosure of the Navy’s legal position and/or trial strategy and could result in a waiver of the attorney-client and the attorney work product privileges applicable to these expert services. A synopsis of this instant acquisition has not been published pursuant to the authority cited at FAR 5.202(a) (14), since the contract action is being processed under the conditions set forth at FAR 6.302-3 with respect to expert services in support of the Federal Government in any current or anticipated litigation or dispute.

7. Determination of Fair and Reasonable Cost. The contractor has charged the same prices to support similar services to the Navy for similar expert services and litigation requirements. The Contracting Officer will evaluate pricing and determine whether the price negotiated for this acquisition is fair and reasonable.

8. Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, NAVFAC Mid-Atlantic has no plans at this time to compete future contracts for the specific services covered by this document. If another potential source emerges, NAVFAC Mid-Atlantic will assess whether competition for future requirements is feasible.

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