JA_for_China_Lake_UCA_Michelson_Lab_redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

N62473-18-D-5822

J&A 19-19

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 undefinitized task order under Contract N62473-18-D-5822, 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 provide emergency shoring on Building 05 Michelson Lab Wing 8 at Naval Air Weapons Station (NAWS) China Lake. The contractor is Herman/JCG Co. Joint-Venture, 2060 Wineridge Place, Escondido, CA 92029.

3. Description of Supplies/Services: Contract N62473-18-D-5822 is a Multiple Award

Construction Contract (MACC) under NAVFAC SW’s Hubzone/SDVOSB Set-Aside General

Construction II MACC, Group 79 Indefinite Delivery Indefinite Quantity for general building construction at various Government installations located in California, Arizona, Nevada, Utah, Colorado, and New Mexico. The proposed work is within the Construction II MACC scope of work and the contractor is currently mobilized on NAWS China Lake. This proposed action will include all material, equipment, and labor to provide emergency shoring on Building 05

Michelson Lab Wing 8 in the high-bay shop areas at the NAWS China Lake. The cost is estimated at not-to-exceed $700,000 based on the estimate provided by Reid Middleton and verified by the Program Manager. The duration of this action is anticipated to be 220 days from date of award. Funding for this task order has been approved 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. The Michelson Lab Wing 8 was structurally damaged by the earthquakes and declared unsafe for entry. Wing 8 houses mission critical specialized Research

Development Test and Evaluation (RDT&E) equipment used to provide cutting-edge weapons systems to the warfighter. The value of the equipment is estimated in excess of $300M. This equipment needs to be relocated immediately to allow for assessment of its condition for replacement and continued use in temporary locations to continue the RDT&E mission at NAWS

China Lake. Further, there is highly classified information and specialized equipment housed in

Michelson Lab Wing 8 that is needed for on-going efforts that are supporting the Chief of Naval

Operations’ primary objectives. It is urgent to provide shoring to Michelson Lab Wing 8 to allow for the removal of this specialized equipment to minimize any 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. Herman/JCG Co. Joint Venture 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 Herman/JCG Co. Joint Venture under N62473-18-D-5822.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: As noted above, time is of the essence to provide emergency shoring on Building 05 Michelson Lab Wing

8. 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 $700,000. Based on the estimate provided by Reid Middleton and verified by the Program Manager, 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 earthquakes 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:

Date

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

Date

CONTRACTING OFFICER CERTIFICATION

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

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)