20_JA PC11 Emergency Repairs Final_260702_Redacted.pdf
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- Solicitation number
- N40192-26-JARS-005
About this file
This is a Justification and Approval (J&A) document for use of other than full and open competition for a federal contract modification.
The Naval Facilities Engineering Command (NAVFAC Marianas) at Naval Base Guam is awarding a sole-source contract modification to Tutor Perini Corporation–Nan Inc. A Joint Venture (TPC-NAN JV) under existing contract N62742-22-D-1314-N4019225F4003. The modification provides $30,000,000 in FY26 funding for emergency waterfront stabilization repairs to the Glass Breakwater at Apra Harbor caused by Typhoon Sinlaku. Work includes bathymetric surveys, hydrodynamic modeling, rock recovery, and placement of critical armor stone to mitigate active breaches. The modification is authorized under 10 U.S.C 3304(c)(2) for Unusual and Compelling Urgency and will not exceed one year in performance period. The modification represents approximately five percent of the total contract value.
The justification cites the Glass Breakwater's critical importance to military logistics and operations in the Indo-Pacific region, with Apra Harbor serving as the only marine passage for Department of Defense operations on Guam. The breakwater is in advanced deterioration, with approximately one-third classified as "failed" and two-thirds in "intermediate damage" condition. The incumbent contractor TPC-NAN JV is already mobilized and performing repair work, making it best suited for timely completion. Physical constraints of the breakwater prevent efficient presence of multiple contractors. Fair and reasonable pricing was determined through evaluation against an Independent Government Estimate and historically competitive rates from the existing contract. The Contracting Officer and Echelon IV Commanding Officer approved the sole-source procurement, with commitment that future permanent restoration phases will be competed to maximum extent practicable.
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as defined by the United States Army Corps of Engineers (USACE). In its current condition approximately one-third of the breakwater has “failed” which is defined by USACE as the loss of 20% or more by volume of the armor stones on the outside of the breakwater. The remaining two thirds of the breakwater is in a condition of “intermediate damage”, which is defined by USACE as loss up to 15%, by volume of the armor stones. In May 2024, further deterioration was discovered which indicated the breakwater continues to progress toward “failed” damage criteria despite the lack of significant weather events. This progression towards failure indicates the breakwater is at significant risk of partial breach, which will eventually lead to full breach.
Due to the high potential and frequency of storms within this region, another storm could emerge at any time, expediting further breakwater damage, and thereby limiting the military logistics and operations in the region. Since Typhoon Mawar, Guam has been narrowly missed by numerous storms. According to
“Anderson Air Force Base,” tropical storms and typhoons can occur anytime of the year, though a typical typhoon season for Guam runs from late June through December (when Pacific
Ocean the water temperatures are at their warmest), with the peak of the typhoon season occurring between late August through mid-November. In their annual seasonal forecast National
Oceanic and Atmospheric Administration (NOAA) predicts an above-average 2026 typhoon season due to
El Nino. As such, it is imperative that Glass Breakwater maintains its coastal defense capabilities to ensure accessible marine passage through Apra Harbor. This is in the best interest of the United States.
This modification is a mission critical project for additional emergency waterfront stabilization repairs for damage caused by Typhoon Sinlaku, that are in addition to the stabilization repairs currently being performed by TPC-NAN JV under contract N62742-22-D-1314-N4019225F4003. Any delay in completing the emergency waterfront stabilization repairs for damage caused by Typhoon Sinlaku will delay all successive construction activities and will not be recoverable. Delay in executing the emergency waterfront stabilization repairs the subject of this modification will result in serious injury – financial and operational—to the Government, i.e., will negatively impact progress on the current Glass Breakwater repair project, which in turn affects military logistics, operations, and mission readiness in the Indo-Pacific region, as Apra Harbor serves as the only marine passage for the Department of Defense (DoD) on Guam.
Guam is an important strategic location for the United States’ national defense in the Indo-Pacific. The incumbent contractor, TPC-NAN JV, is already mobilized and performing repair work on the Glass
Breakwater and is best suited to timely complete the emergency stabilization repairs, the subject of this modification, thereby mitigating the threat to military readiness, national security and port safety at Apra
Harbor, Guam. In addition to the foregoing, Glass Breakwater has physical constraints prohibiting the efficient and effective presence of multiple contractors. Finally, the emergency waterfront stabilization repairs required under this modification were not required at the time of award of contract N62742-22-D-
1314-N4019225F4003 and are now required to mitigate further damage to the Glass Breakwater.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.
Due to the unusual and compelling urgency, standard synopsizing was not conducted. Soliciting other sources is not practicable for the reasons stated above.
7. Determination of Fair and Reasonable Cost
The Contracting Officer has determined the anticipated cost of $30,000,000 to the Government for the emergency stabilization repairs required under this modification to the Glass Breakwater, and covered by this J&A, will be determined fair and reasonable based on the evaluation of the proposal against the
Independent Government Estimate (IGE) and historically competitive rates established under contract N62742-22-D-1314-N4019225F4003.
8. Actions to Remove Barriers to Future Competition
This J&A will not be used as a basis to circumvent competition for future, non-urgent requirements. Future permanent restoration phases will be competed to the maximum extent practicable once the site is stabilized.
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