JA Wet Utilities IV MACC Bridge-29NOV2023 - Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 23-56-4

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of Action Being Approved.

Request approval to award an out-of-scope modification that would allow for up to a twelve (12) month extension to Contracts N62473-19-D-1201/1202/1203/1204/1207, Indefinite Delivery Indefinite Quantity (IDIQ) Small Business Set-Aside Multiple Award Construction Contracts (MACC) for new construction and repair of various wet utility projects at various locations within the NAVFAC SW Area of Responsibility

(AOR).

In accordance with the Navy Marine Corps Acquisition Regulation Supplement

5206.303-2(a)(iv), an approved Request for Bridge Contract (signed on 11 October 2023) is provided with this Justification and Approval (J&A).

3. Description of Supplies/Services.

The Wet Utilities MACC IDIQ contract is used to award task orders for new construction and repair of wet utility projects throughout the NAVFAC SW AOR.

Projects will be primarily design-build (DB) or secondarily design-bid-build (DBB) and may include, but are not limited to: water, steam, sewer, and storm sewer lines; wells, mains, pumping stations, treatment plants, storage tanks and facilities and related work.

All structures (including buildings) that are integral parts of water, steam, and sewer networks (e.g., storage tanks, pumping stations, water treatment plants, and sewage treatment plants) are included. This contract does not include waterfront related construction or oil and gas pipeline construction.

The contract was awarded to seven (7) contractors on 14 November 2018 to:

Contract number Contractor Business Size N62473-19-D-1201 Bethel-Garney Federal JV Small Business N62473-19-D-1202 Frawner Corporation Small Business N62473-19-D-1203 Transtar-Orion JV Small Business N62473-19-D-1204 Pate Construction Co., Inc. Small Business

Small Business

Small Business N62473-19-D-1207 Central Environmental, Inc. Small Business

All four (4) 12-month options have been exercised and awarded to all firms

The contract value, including all options, is $249,000,000. The current contract completion date is 13 November 2023. The proposed action will extend the existing contract for up to twelve (12) months to 13 November 2024. Total awarded amount to date is approximately $128,653,755.

The aforementioned contractors have been successful on their contracts and they are recommended to continue providing construction and repair of wet utility projects.

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

The statutory authority permitting other than full and open competition is 10 U.S.C.

Section 3204 (a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

The Wet Utilities IDIQ MACC contracts are the NAVFAC SW acquisition vehicles that were competitively procured to obtain DB and DBB new construction and repair of wet utility projects, and are the only existing contract vehicles that allow for the procurement of wet utility projects above $5,000,000. These contracts are critical to ensure wet utility projects are executed in support of the NAVFAC SW’s mission and operational capability.

The follow-on Wet Utilities V contract was solicited on 31 August 2023 as a total small business set-aside procurement and is projected for award in October 2024. A bridge contract is necessary in order to allow time for NAVFAC SW to complete the ongoing procurement of the follow-on contract which is anticipated to be awarded no later than October 2024. Without this contract vehicle, there is a high risk of base requirements and critical facilities being left unsupported until the next Wet Utilities contract is awarded, which will jeopardize the command’s mission to support the warfighter. It is necessary and will be most efficient and cost effective to use the existing contracts, N62473-19-D- 1201/1202/1203/1204/1207, to secure future projects until the follow-on contract is awarded.

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

The follow-on contract is being competitively sourced. 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 Costs.

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

8. Actions to Remove Barriers to Future Competition.

Award of a follow-on small business set-aside MACC is currently in progress and is anticipated to be awarded no later than October 2024. Award of this contract vehicle will eliminate the need for future bridge contract requests.

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/Requirements Cognizance:

Phone No. Date

Planning, Design, and Construction Directorate Chief Engineer

NAVFAC SW

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Phone No. Date

Associate Counsel

WARRANTED CONTRACTING OFFICER

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

3204 (a)(2):

Phone No. Date

Regional Contracting Core