JA_for_China_Lake_UCA_Hanager_3.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

N62473-17-D-4630

J&A 19-04

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Naval Facilities Engineering Command, Southwest, San Diego, CA (NAVFAC SW).

2. Description of Action Being Approved: Request authority to issue an undefinitize task order under Contract N62473-17-D-4630, pursuant to the authority of 10 U.S.C. 2304 (c)(2), as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(A), Unusual and

Compelling Urgency. This task order will require the contractor to perform design and construct shoring at Naval Air Weapons Station (NAWS) China Lake. The contractor is Bilbro

Construction Company, Inc., 876 N. Broadway, Escondido, CA 92025.

3. Description of Supplies/Services: Contract N62473-17-D-4630 is a Multiple Award Contract

(MAC) under NAVFAC SW’s Small Business General Construction MAC. The contractor is known to have experience with general construction and is currently mobilized on NAWS China

Lake. This proposed action will include all material, equipment and labor to design and construct shoring as needed to stabilize the Hangar 3 until repairs can be made, and provide access allowing for safe removal of the equipment from Hangar 3. The cost is estimated at not-to-exceed $185,000 based on the independent government estimate. The duration of this action is anticipated to be 90 calendar days from date of award. Funding for this task order is available and has been provided to NAWS China Lake.

4. Statutory Authority Permitting Other Than Full and Open Competition: 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 16.505(b)(2)(i)(A), Unusual and Compelling

Urgency.

5. Rationale Justifying Use of Cited Statutory Authority: NAWS China Lake experienced a 6.4 magnitude earthquake on 4 July 2019 followed by a 7.1 magnitude earthquake on 5 July 2019 with aftershocks ongoing. Damage Assessment Teams are currently surveying buildings throughout NAWS China Lake. Hangar 3 is utilized by VX -31, which is a developmental test squadron using F-18 A-F, EA-18G, A/V-8B, and H-60. As a result of the two earthquakes, Hangar 3 has been damaged, and VX-31 is unable to perform any maintenance on its thirty-two aircraft without the mission-essential gear stored within the first deck of Hangar

3. Developmental testing by VX-31 cannot resume until the mission-essential gear is recovered. This is costing the United States taxpayers $190K in lost testing opportunities per day and impacting mission. It is urgent that the design and construct shoring be providedto stabilize Hangar 3 until repairs can be made to minimize the impacts to the missions at NAWS

China Lake.

Providing fair opportunity via the competitive contracting process 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 four (4) weeks for the procurement process and several more weeks for mobilization. Bilbro Construction Company, Inc. is already mobilized on NAWS China Lake, is familiar with the base, and can commence work immediately. Given both the risk to human safety and that the delay caused by an award of a contract via the competitive contracting process would result in serious injury to the Government, it is in the Government’s best interest to award the proposed task order to N62473-17-D-4630.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: As noted above, time is of the essence to return NAWS China Lake to mission readiness. Due to the urgency of this project, market research for another qualified firm cannot be conducted in accordance with FAR Part 10. The planned action covered by this J&A meets an exception to the synopsis requirements per FAR Part 5.202 (a)(6). The approved J&A will be released in accordance with FAR 6.305 (b).

7. Determination of Fair and Reasonable Cost: This is a request for a new task order with an estimated value of $185,000. Based on the historic cost information currently available, the

Contracting Officer has adequate information to ensure that the cost to the Government for this task order will be fair and reasonable.

8. Actions Taken to Remove Barriers to Competition: This proposed task order is an emergency response to an earthquake at NAWS China Lake. It is a one-time procurement with no follow on procurements anticipated.

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CERTIFICATIONS AND APPROVAL

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 COGNIZANCE:

Ashley Blakely Date

Desert PMD, Deputy AOPS

LEGAL SUFFICIENCY REVIEW: I have determined this Justification is legally sufficient.

Deana Jaeger Date

Associate Counsel, NAVFAC SW

CONTRACTING OFFICER CERTIFICATION

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

Chad Slade Date

Contracting Officer, Capital Improvements Core

APPROVING OFFICIAL (NFAS 6.304-100)

Upon the basis of the above justification, I hereby approve, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2) (FAR Part 6.302-2)

Jennifer M. Reece Date

Supervisory Contract Specialist

Level III Contracting Officer, NAVFAC SW