Amendment 006 - attachment 2- J and A Toilet Accessories .pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-24-28

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity is Naval Facilities Engineering Systems Command, Mid-Atlantic

(NAVFAC MIDLANT).

2. Description of the Action Being Approved.

This Justification and Approval seeks to require inclusion of several brand name items in the solicitation N40085-24-R-2534, Design Bid Build, B14 New Stair/Life Safety/Power Improvements, Portsmouth Navy Shipyard, Kittery, ME. The following is a list of toilet accessories with brand names and part numbers; Paper Towel Dispenser: Georgia-Pacific Pro Series 54338A, Soap Dispenser: Impact 9391, Toilet Tissue Dispenser, Jumbo: Kimberly-Clark #09551, and Industrial Soap Dispenser: GOJO #7500-01.

3. Description of Supplies/Services.

The intent of solicitation N40085-24-R-2534 is for the renovation and repair of life safety upgrades and power improvements in Building 14 at the Portsmouth Naval Shipyard, Kittery, Maine. This project involves the full renovation and construction of new bathrooms on three floors for the current mission critical tenant. This project involves the demolition of the existing rooms. Renovations and repair to Building 14 includes walls, doors, hard and drop ceilings, new electric, new HVAC, new communications, and new bathroom facilities. New construction includes a new egress stair, elevator, and utility spaces.

This acquisition will solicit proposals as Unrestricted Full and Open on a Stand-Alone Construction Project as authorized by the approved DD2579 on 18 December 2023. The estimated value of the work included in the construction solicitation is The estimated value of the brand name supply that is the subject of this J&A is approximately

. The project will be funded by FY24 Operations & Maintenance, Navy (OM&N) funds for construction. The work under this contract is required to be completed within 582 calendar days after contract award.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for this acquisition permitting other than full and open competition is 10 U.S.C. 3204(a)(1) which permits the use of limited suppliers when it is essential to the Government’s requirements, as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Authority to name the above listed accessories as required is necessary because the products meet the solicitation’s specific needs for base/location’s supply and maintenance contracts which assist the customer’s efficiency, mission readiness, and operational effectiveness. Use of these fixtures will ensure compatibility with on-hand, stored supplies. If alternate fixtures were to be used, this would require multiple orders of supplies and place an additional burden on staff to ensure the correct supplies were used with the correct fixtures, resulting in an inefficiency to the existing maintenance contract.

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

A sources sought notice was published on SAM.gov on 18 January 2024 detailing the intent of the brand name or equal specifications for the toilet accessories. The notice sought commercially available products that could meet the same requirements. The response date was 01 February 2024, and no responses were received. A pre-solicitation notice, and solicitation will both be publicized on SAM.gov, in accordance with the requirements of FAR Part 5. The approved J&A will also be made publicly available as required by FAR 6.305.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine that the price for this acquisition is fair and reasonable in accordance with FAR Part 15 prior to contract award. Analysis will be performed by one or more of the following techniques: (1) Comparison of proposed prices received in response to the RFP;

(2) Comparison of proposed prices with the Independent Government Cost Estimate (IGCE); (3) Comparison of proposed prices with available historical information; and/or (4) Comparison of market survey results. The fair and reasonable determination will be made based on the total price of the project. This proprietary item is not an individual line-item price in the solicitation.

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 types of supplies/services covered by this document. If another potential source emerges, NAVFAC Mid- Atlantic will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVALS

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 herein, are complete and accurate to the best of my knowledge and belief.

Technical and Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

APPROVING OFFICIAL – CHIEF OF THE CONTRACTING OFFICE

Upon the basis of the above Justification, I hereby approve the use of the brand name item in the subject solicitation described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).