Redacted NEPA Ops and Ranges JA Extended Time_N6247019D4009_Redacted.pdf

JUSTIFICATION AND APPROVAL

J&A No. 24-05

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

UP TO SIX-MONTH EXTENSION TO PERIOD OF PERFORMANCE FOR CONTRACT

N62470-19-D-4009 LANT RANGES AND NEPA OPERATIONS INDEFINITE DELIVERY

INDEFINITE QUANTITY (IDIQ)

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command (NAVFAC), Atlantic, Norfolk, Virginia.

2. Description of the Action Being Approved.

The action being approved is a modification for a six-month extension to the period of performance on the LANT Ranges and NEPA Operations Indefinite Delivery/Indefinite Quantity (IDIQ) up to six (6) months, to September 2024 with one six-month option, if it is determined that the ordering period should be further extended. This contract was awarded on 27 March 2019 to Cardno TEC- Leidos, LLC (for a base plus four option years) and was extended for the fourth option year by modification on 27 March 2023. The contract 's ordering period expires 26 March 2024.

The proposed extension is necessary to ensure that a contract remains in place so that NAVFAC Atlantic has means to continue assessments of Navy training and testing activities within the Commander, Task Force 80 (CTF-80) Area of Operations (AO).

To date, task orders have been awarded totaling approximately , and resulting in an overall remaining capacity of

The request for proposal for the follow-on Ranges and NEPA Operations IDIQ contract will be issued in the , with award planned in . This contract time period extension is necessary to ensure continuation of essential services for the Ranges and NEPA Operations IDIQ contract until the follow-on contract is awarded.

3. Description of Supplies/Services.

The subject contract will involve assessments of Navy training and testing activities within the Commander, Task Force 80 (CTF-80) Area of Operations (AO); however, this contract may also involve work on ranges and installations around the world. Work under this contract includes, but is not limited to, preparation of environmental planning documentation for Navy and Marine Corps at-sea training and testing activities, including those in the Atlantic Ocean, the Mediterranean Sea, the

Caribbean Sea, the Arctic Ocean, and the Gulf of Mexico. This work is commonly associated with activities on at-sea training and testing ranges conducted by U.S. Fleet Forces Command, Naval Air Systems Command, Naval Sea Systems Command, Space and Naval Warfare Systems Command, Office of Naval Research, and other Navy and Marine Corps components. A minimal amount of work is expected to involve assessments of activities on Navy and Marine Corps land-based installations throughout the U.S. and abroad.

The general scope of this contract requires the services of environmental engineering, biological science, physical science, cultural resources, community planning, and military operations specialists. The services required from the A/E firm include the following: preparation of environmental planning documents in compliance with National Environmental Policy Act (NEPA) and Executive Order (EO) 12114; preparation of Range Complex Management Plans (RCMPs), Range Condition Assessments, and /or Water Range Condition Assessments in accordance with applicable Navy and Marine Corps policies, including the most current version of OPNAV 5090.1, MCO P5090.2, and DoD instruction 4715.1 1/12; preparation of biological and ecological studies in support of environmental documentation , including the preparation of Endangered Species Act (ESA) Biological Assessments, preparation of Marine Mammal Protection Act (MMPA) permit applications , preparation of Sanctuary Resource Statements in accordance with the National Marine Sanctuaries Act (NMSA), and preparation of Essential Fish Habitat Assessments in accordance with the Magnuson Stevens Fishery Conservation and Management Act; preparation of Coastal Consistency Determinations (CCDs) in accordance with the Coastal Zone Management Act (CZMA); preparation of Section 106 and 110 assessment as required to support consultation under the National Historic Preservation Act (NHPA); preparation of Range Air Installation Compatibility Use Zone (RAICUZ) studies; preparation of reports and documentation related to Operational Range Clearance (ORC) in accordance with OPNAVINST 3571.4; preparation of water, soil, and sediment testing studies to support range sustainment initiatives; preparation of other range-related reports, documentation, or analyses such as the Sustainable Ranges Report (SRR) per section 366 of the FY03 National Defense Authorization Act (10 U.S.C. §113) of 02 Dec 02; preparation of Encroachment Action Plans (EAPs) in accordance with OPNAVINST 11010.40 and CNICINST 11010.1; and other documentation requirements needed to support general environmental compliance or range management actions including, but not limited to, documentation required to comply with Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA).

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

The authority permitting other than full and open competition is Title 10 U.S.C. 3204 (a)(2), as implemented by Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency. The work to be accomplished will not require additional capacity, only additional time under the contract to carry through until the follow-on Ranges and NEPA Operations IDIQ contract is awarded in the

. A competitive A/E Acquisition process is underway for a follow-on contract with all parties proceeding diligently. However, due to unforeseen circumstances, the planned execution date for the follow-on Ranges and NEPA Operations IDIQ contract slipped from

. It is in the best interest to increase the time frame of this contract to avoid unworkable delays and significant costs that would be incurred if there were a lapse in services.

Such unworkable delays would result in serious financial injury to the Government. If this IDIQ is not extended, then NAVFAC LANT cannot award new task orders resulting in delays to project delivery and an impact to mission readiness.

5. Rationale Justifying Use of Cited Statutory Authority.

A competitive A/E Acquisition process is underway for a follow-on contract with a planned award date in . This justification and approval is necessary for continued uninterrupted service, as any delays in these schedules could impact mission readiness across the NAVFACAOR. Such unworkable delays would result in serious financial injury to the Government.

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

Pursuant to FAR 5.202(a)(2) a synopsis is not required when an unusual and compelling urgency precludes competition and the Government would be seriously injured if the agency complied with the notice requirements specified by the regulations. Information herein demonstrates the urgent nature of this action and the injury the Agency would experience if required to comply with the notice requirements. Considering this request is to extend for time only, it is not practicable to request offers from other sources. Additionally, in accordance with FAR 6.305(b), the J&A will be posted within 30 days after the execution of the modification.

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.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable. The basic contract was procured competitively.

Rates established in the contract were determined to be fair and reasonable based on cost and price analysis. The Contracting Officer will determine that costs for future contract actions are fair and reasonable by comparing cost proposals with the established contract rates under the basic contract, Independent Government Estimates, and historical expenses incurred for similar tasks.

8. Actions to Remove Barriers to Future Competition.

The follow-on Ranges and NEPA Operations IDIQ contract will be competed. This bridge action is necessary to ensure continuity of essential services under the current contract until award of the follow-on contract as the current contract provides critical support to Ranges and NEPA efforts across the NAVFAC AOR. As such, there are currently no additional actions needed to remove barriers for future competition.

J&A No. 24-05

CERTIFICATIONS AND APPROVAL

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/ Requirements Cognizance:

Phone Number Date

Environmental Planning Director

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Assistant Counsel

Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Contracting Officer

Phone No. Date