N6247322F4184 P00001 J MCG signed.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

N6247321D1223, T.O N6247322F4184

J&A No. 22-5150

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, Coronado, CA (NAVFAC SW).

2. Description of the Action Being Approved: Sole source acquisition to Portillo Contractor Inc. to repair the asphalt on Rodgers Road at Naval Air Station North Island (NASNI), Naval Base Coronado (NBC), Coronado, CA.

3. Description of Supplies/Services: Rodgers Road is a major traffic thoroughfare that has been closed due to a water main break occurring on 08 JUL 2022. NAVFAC shops has repaired the main but does not have the capability to perform the asphalt repairs on Rodgers Road. Portillo Contractor Inc. will perform site investigation and perform minor trenching and demolition as necessary to back fill, compact and repair approximately 6000 S.F of 6’’ thick asphalt in accordance with all applicable specifications and codes required. Portillo Contractor Inc. will then replace all road striping as required. The estimated cost for this proposed contract action is $150,000.

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. Section

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

5. Rationale Justifying Use of Cited Statutory Authority: A competitive acquisition of the requirement was considered. However, the extensive delay resulting from a solicitation is unacceptable due to the high volume of traffic that travels through Rodgers Road. Extended closures would continue to negatively impact the mission and Navy and contractor personnel stationed on NASNI. In addition, an award to any other source would result in the duplication of costs, which are not expected to be recovered in a competitive procurement as illustrated below.

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 that a minimum of eight (8) weeks would be required for the procurement process, several more weeks for mobilization (estimated 2 weeks), and 2 weeks for construction totaling a 12 week delay.

Rodgers Road is the primary access to Naval Base Coronado medical, dental, and the McDonald’s restaurant. Extended closures to Rodgers Road prevents and deters Navy personnel from seeking medical/dental treatment. This a major impact to the wellbeing and mission readiness of Naval Base

Coronado Navy personnel. McDonalds restaurant is partner of Naval Base Coronado and is a highly frequented establishment for sailors, civilians and contracting partners. Rodgers Road is the primary point of entry for McDonalds and an extended closure would mean a major decrease in business for McDonalds on NBC for the duration of the delay. The quantitative daily impact to McDonalds for Rodgers Road. to remain closed with projected average daily sales decrease of 25% causing $50,000 loss in sales per week for the 12 week period is $600,000.

Portillo Contractor Inc. is currently mobilized on NASNI performing asphalt demolition, Asphalt replacement and slurry under contract N6247321D1223/N6247322F4184. The scope described in section

3 is similar to the scope in N6247321D1223/N6247322F4184, but is considered an additional area and quantity. Given both the risk to traffic impedance and the fact that the delay caused by an award of a contract via the competitive contracting process would result in serious injury to the Government due to substantial duplication of costs and unacceptable delay, it is in the Government's best interest to issue a sole source action to Portillo Contractor Inc.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: As noted above, the time necessary for award of a new competitive task order would result in substantial duplication of costs, unacceptable delays to the flow of traffic on base, Time is of the essence to repair Rodgers Road and ensure mission readiness. The planned action covered by this Justification & Approval (J&A) meets an exception to the synopsis requirements per FAR Part 5.202(a)(2). The approved J&A will be published and made available in accordance with FAR 6.305.

7. Determination of Fair and Reasonable Cost: This is a request for a sole source procurement with an estimated value of $150,000. Based on historic cost information currently available, the Contracting

Officer has adequate information to ensure that the cost to the Government for this sole source procurement will be fair and reasonable.

8. Actions taken to Remove Barriers to Future Competition:

This is a one-time procurement. No follow on procurements are anticipated.

JUSTIFICATION AND APPROVAL #22-5150

CONTRACT # N6247321D1223/N6247322F4184

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS/FUNCTIONAL LEAD 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.

ENS Thomas McDowell Signature Date

Construction Manager, NAVFAC Southwest

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Scott Johansen Signature Date

Associate Counsel, NAVFAC Southwest

CONTRACTING OFFICER CERTIFICATION

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

Marylani C. Grant Signature Date

Supervisory Contract Officer, NAVFAC Southwest

September 20, 2022