JA N62473-19-D-2432.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 24-36

ANNEX 1 - 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 with options that would allow for up to a twelve (12) month extension to Contract N62473-19-D-2432, Architect- Engineering (A-E) Indefinite Delivery Indefinite Quantity (IDIQ) for Waterfront Engineering Services at various locations within the NAVFAC SW Area of Responsibility (AOR).

In accordance with the Navy Marine Corps Acquisition Regulation Supplement 5206.303-1(2)(a), an approved Request for Bridge Contract (signed on 16 February 2024) is provided with this Justification and Approval (J&A).

3. Description of Supplies/Services.

The Waterfront Engineering Services A-E IDIQ contract is used to award task orders primarily for Preparation of Design-Build (DB) Request for Proposals (RFP), Design- Bid-Build (DBB) construction contract packages, reports/studies, including utilities studies, technical reviews of Government prepared RFP packages for DB projects, Government prepared design documents for DBB projects, site investigations; to support new development of facilities on raw land, or redevelopment of existing facilities on developed sites; and support and coordination of various technical disciplines, such as, architectural, electrical, civil, structural, geotechnical, and environmental.

Support A-E services include preparation of DD Form 1391 or similar planning and programming related documents and Post Construction Award Services (PCAS). A-E services may require antiterrorism, fire protection, identification and abatement methods of existing asbestos containing materials, lead-based paint and other hazardous materials;

addressing constructability issues, such as, phasing of work in occupied and unoccupied facilities; and disruption of both utilities and operations of the site and building occupants during construction.

Types of projects include, but are not limited to, new construction and repair/renovation of piers, marinas, buoys, wharves, quay walls, bulkheads, fendering, mooring, shore protection systems, dry docks, magnetic silencing facility, dredging, and utilities for marine operations and waterfront structures.

The contract was awarded on 06 March 2019, to GHD-COWI, A Joint Venture (JV).

The contract has a base period of two (2) years and one (1) three-year option period. The three-year option period has been exercised and awarded. The contract value, including the three-year option is $129,000,000. The current contract completion date is 05 March 2024. The proposed action will extend the existing contract for up to twelve (12) months, to 05 March 2025 structured as follows: an initial period of performance from 06 March 2024 through 05 September 2024 (6 months) with two (2), three-month options if needed.

Option 1 will be from 06 September 2024 to 05 December 2024 and Option 2 will be from 06 December 2024 to 05 March 2025 for a total of (12 months). Total awarded amount to date is $39,263,224.03. No additional capacity is being requested.

The JV has been successful on the contract and is recommended to continue providing waterfront engineering services.

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)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

A bridge contract is necessary to allow time for NAVFAC SW to complete the ongoing procurement of the follow-on contract. The original synopsis action for the follow-on procurement was posted in August 2023, with an SF330 proposal response due date in October 2023. Unfortunately, the number of SF330 proposal responses received failed to meet the Selection of Architects and Engineers Statute requirement of a minimum of three (3) responses. Thus, the procurement was posted again in November 2023, with an SF330 proposal response due date in December 2023. Due to this delay, the follow-on procurement is now anticipated to be awarded no later than July 2024. The Waterfront Engineering Services IDIQ contract is the only existing contract vehicle that allows for the procurement of waterfront engineering services. Since the requested bridge is a single source IDIQ, no other responsible source could provide the required services without causing significant delays or expenses to the Government.

Without this contract vehicle, there is a high risk of failure to meet base requirements for critical Navy facilities until the follow-on Waterfront Engineering Services IDIQ contract is awarded. This contract is NAVFAC SW’s only Waterfront Engineering contract vehicle and it is critical to ensure waterfront engineering projects are executed in support of the NAVFAC SW’s mission and operational capability. In order to avoid unacceptable delay and incurring substantial expense to the Government, it is necessary to use the existing contract, N62473-19-D-2432, to secure future mission critical projects until the IDIQ 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 made publicly available in accordance with FAR 6.305(a).

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.

The acquisition strategy is to award an Unrestricted FFP, A-E IDIQ contract for Waterfront Engineering Services using Federal Acquisition Regulation Part 36 procedures. Award is currently proceeding with a planned award date of July 2024 and the stakeholders are closely monitoring milestones to ensure timely completion. The award of this action will eliminate the need for a future bridge contract request.

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.

(619) 705-6500

J.W. COON

Planning, Design, and Construction Business Line Leader Chief Engineer NAVFAC Southwest

Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

(619) 705-5843

SCOTT JOHANSEN

Associate Counsel

CONTRACTING OFFICER CERTIFICATION

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

(619) 705-4646

HAL HAYES

Planning, Design, and Construction Contracting Officer

REGIONAL CONTRACTING CORE DIRECTOR APPROVAL

Upon the basis of the above justification, I hereby approve, as NAVFAC SW Regional Contracting Core Director, 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(a)(1).

(619) 705-4677

CHAD SLADE

Planning, Design, and Construction Director, Regional Contracting Core