JA_19-13-4_Overtime_3002.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

N62473-17-D-3002

J&A #19-13-4

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Command Southwest (NAVFAC SW), San Diego, California.

2. Description of Action Being Approved.

Approval is being requested to authorize overtime for task orders or modifications to existing task orders issued under Contract N6243-17-D-3002, for Contract Labor Support (CLS) services. This class J&A request is only for a not-to-exceed amount of $150,000.00 of overtime costs combined for all future task orders or modifications to existing task orders issued under the aforementioned contract that are directly in support of earthquake recovery efforts at Naval Air Weapons Station China Lake (NAWSCL), California.

3. Description of Supplies/Services.

The CLS contract provides contract labor support (CLS) services for various trade requirements in support of NAVFAC SW’s mission. The basic CLS contract does not include provisions that authorize overtime for CLS services. The contract limits the performance of services to an eight (8) hour work day. Task orders or modifications to existing task orders authorizing overtime will be issued as required in direct support of the earthquake recovery efforts at NAWSCL. Each modification to an existing task order may include, if applicable, the extension of the task order period of performance and/or task order value adjustment but not to exceed a one-year period of performance. The resultant task orders or task order modifications will be funded by the following types of FY20 funds:

o Operations and Maintenance, Navy Funds o Navy Working Capital Funds o Defense Health Program Funds o Defense Logistics Agency Funds o Defense Commissary Agency Funds

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

JUSTIFICATION AND APPROVAL 19-13-4

IN SUPPORT OF NAVFAC SW NAWSCL, CA

The proposed action will be conducted without providing for full and open competition pursuant to the authority of 10 U.S.C. 2304 (c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

a. The current CLS contract, awarded to SJS Executives LLC, was competitively procured as an 8(a) set-aside. The CLS contract was awarded on February 06, 2017 with a 12-month base period and four (4) 12-month option periods, and has a total contract capacity of $49,262,703.00. The CLS contract is currently in option period two (2), which expires

February 07, 2020.

b. Pursuant to the authority of 10 U.S.C. 2304 (c)(2), Unusual and Compelling Urgency, this J&A requests the authority to issue task orders or modifications to existing task orders that authorize overtime, for Contract Labor Support (CLS) services that are directly in support of earthquake recovery efforts at NAWSCL. NAWSCL experienced a

6.4 magnitude earthquake on July 4, 2019 followed by a 7.1 magnitude earthquake on

July 5, 2019 with aftershocks ongoing. The current Government estimate is that 20% of the buildings and structures onboard NAWSCL are unsafe or in disrepair, however, damage assessment teams continue to survey the extent of the damage, which is likely to exceed $4 Billion.

c. The CLS services beyond an eight (8) hour workday is required to augment existing

NAWSCL Public Works Department trades workforce responsible to perform various emergency repairs, maintenance, minor construction, electrical services on the NAWSCL installation. The requirement to provide CLS services beyond an eight (8) hour workday is essential to return NAWSCL to being fully mission capable to carry out military operations. While the existing Government workforce is employed to perform emergency repairs to major facilities onboard NAWSCL, augmentation of trades support via the CLS contract is necessary due to the surge in workload requirements.

d. The inability of CLS employees to work overtime would seriously injure, financially or otherwise, the Government due to the critical nature of these services. The overtime will allow the CLS services to continue earthquake recovery efforts as quickly as possible to bring buildings onboard NAWSCL to occupiable conditions. Further delays to repair the damage buildings will cause additional financial injury to the Government as the

Government is currently renting trailers and temporary office spaces for those

Government employees displaced due to the earthquakes. Allowing overtime for the CLS employees will reduce the financial injury to the Government and allow NAWSCL to become mission capable as quickly as possible.

e. Providing fair opportunity via the competitive contracting process for the required overtime work would result in unacceptable delays resulting from time to develop the request for proposal, solicit proposals, evaluate the proposals, and document the award before the contractor could mobilize. It is estimated it would take a minimum of eight (8) weeks for the procurement process and several more weeks for mobilization. SJS

Executives LLC is already performing at NAWSCL under Task Orders issued under

JUSTIFICATION AND APPROVAL 19-13-4

IN SUPPORT OF NAVFAC SW NAWSCL, CA

Contract N6243-17-D-3002, is familiar with the base, and can provide overtime hours on existing and new Task Orders immediately. Given the impact to national defense, it is in the Government’s best interest to approve this class J&A for overtime for those Task

Orders under Contract N6243-17-D-3002 that are directly related to the China Lake

Earthquake Recovery Effort

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

Pursuant to 10 U.S.C. 2304 (c)(2), the conditions at NAWSCL provide an unusual and compelling urgency for the requirement of overtime for CLS employees as it would allow for urgent repair at NAWSCL. The incumbent contractor, SJS Executives LLC is presently on-site and is the only known company that can perform these services without interruption.

No market research was conducted to identify additional offerors because it is not practicable for any other company to provide the overtime services at this time.

7. Determination of Fair and Reasonable Cost.

Based on the historic pricing for the CLS contract, the Contracting Officer has determined the anticipated cost to the Government for the overtime services covered by this J&A will be fair and reasonable.

8. Actions Taken to Remove Barriers to Competition.

The issuance of overtime hours to future task orders or modifications to existing task orders directly related to the China Lake Earthquake Recovery Effort is an emergency response to earthquakes at NAWSCL. This class J&A will allow for augmented CLS services during recovery efforts. A new competitive procurement is not applicable to this action because there is sufficient contract capacity on the basic CLS contract in the amount of $26,638,228.66.

There are currently no further actions in place to remove barriers to future competition.

(For) 9/16/2019

9/16/2019 TRUONG.NGUYEN.HOANG.1400097263 Digitally signed by TRUONG.NGUYEN.HOANG.1400097263

Date: 2019.09.16 16:03:48 -07'00'

JAEGER.DEANA.R.1

045324210

Digitally signed by

JAEGER.DEANA.R.1045324210

Date: 2019.09.16 16:33:01 -07'00'

DELA PENA.LISA.G.1184837435 Digitally signed by DELA PENA.LISA.G.1184837435 Date: 2019.09.16 16:48:12 -07'00'