JA_PCAS_MCAS_YUMA _DRY WELLS ka_AA_R1_KO_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 24-70

SOLE SOURCE JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR REPAIR/UPGRADE DRY WELLS LARCS-LMR COMMUNICATION SITE

POST CONSTRUCTION AWARD SERVICES

1. Contracting Activity.

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

2. Description of the Action Being Approved.

Request approval to solicit and award a sole source contract to The Engineering Partners, Inc., , without full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

3. Description of Supplies/Services.

Provide Post Construction Award Services (PCAS) for the repair and upgrade of Dry Wells Low Altitude Radio Communications System & Land Mobile Radio (LARCS-LMR) Communication Site at Marine Corps Air Station (MCAS) Yuma, Arizona. The period of performance of the PCAS support will be days from date of execution of this task order.

The estimated dollar value of this contract action is approximately based on the Rough Order of Magnitude (ROM) estimate utilizing historical data and input from subject matter experts.

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

The statutory authority permitting other than full and open competition is Title 10, U.S.C. 3204(a)(1), as implemented by the FAR 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Engineering Partners Inc., an Architect-Engineer (A-E) firm on the A-E Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Mechanical, Electrical and Fire Protection Engineering Services was competitively awarded on 17 July 2017. Task Order (TO) N6247322F4205 was executed on 21 March 2022 to prepare the Design-Bid-Build (DBB) Request for Proposal (RFP) and provide bid support for the Repair/Upgrade Springhill LARCS-LMR Communication Site on Chocolate Mountain Aerial Gunnery Range (CMAGR) MCAS, Yuma, Arizona.

The TO included three (3) options that were set to be exercised at specific timelines prior to the Contract Completion Date (CCD) of the TO:

i) Option 001 – Post Construction Award Services for YU2301M&R as outlined in Section J.

Government reserves the right to exercise Option 001 within 365 days of TO award.

ii) Option 002 – FY23 Project YU2302M&R, Repair Dry Wells LARCS-LMR Communication Site on Barry M. Goldwater Range (BMGR); and FY23 Project YU2302R, Upgrade Dry Wells LARCS-LMR

Communication Site on BMGR. Government reserves the right to exercise Option 002 within 180 days of TO award.

iii) Option 003 – Post Construction Award Services for YU2302M&R as outlined in Section J.

Government reserves the right to exercise Option 003 within 365 days of exercising Option 002.

During the execution of the TO, Option 001 was not exercised within the noted timeframe due to delays in awarding the construction contract. Option 002 was exercised on 11 April 2022, within the required period identified in the TO.

Option 003, which is the scope of work required for this sole source action, was also not exercised within the required timeframe of 365 days of exercising Option 002. The current CCD for the TO is set to expire on 02 November 2024, which does not allow the necessary time required to support the PCAS requirement. The basic contract, N62473-17-D-4617, expired on 16 July 2022 with no option to extend beyond the (5) five years of successful execution. Currently, there is no other A-E IDIQ contract that can be utilized for the required PCAS services in support of the construction contract.

The Engineering Partners Inc. provided the DBB construction package consisting of full plans, specifications, detailed cost estimates, and other services for the repair and upgrade of the Dry Wells Communication Site, also known as Option 002. In planning, the Government expected that Engineering Partners Inc. would perform the PCAS effort upon the award of the construction contract for the Repair/Upgrade Dry Wells LARCS-LMR Communication Site on BMGR at MCAS Yuma, Arizona. Due to delays in awarding the construction contract, the deadline to exercise the option (Option 003) for PCAS expired on 11 April 2023. The intention is to award the DBB construction contract on 08 July 2024 by MCAS Yuma and award the PCAS shortly thereafter on 09 July 2024.

The Engineering Partners Inc. is the only qualified source to provide the follow-on PCAS services given their unique, highly specialized, technical background and intimate knowledge of the design of essential repairs and upgrades to the existing Dry Wells Communication Site. Specifically, The Engineering Partners Inc. developed the DBB construction package consisting of full plans, specifications, detailed cost estimate, and other services for the repairs and upgrades of the Dry Wells LARCS-LMR Communication Site and retains most of the data, information, and associated technical staff used to develop the DBB RFP and full design.

The current requirement to provide PCAS for the construction contract for Dry Wells LARCS-LMR Communication Site on BMGR at MCAS Yuma require that only The Engineering Partners Inc. be awarded the sole source contract for the following reasons:

a) The Engineering Partners Inc. prepared the plans and specifications used to repair and upgrade the Dry Wells Communication Site. To request another A-E firm to provide consultation and support based on those plans and specifications would result in additional unacceptable delays, substantial duplication of costs, and negatively impact the proposed DBB construction effort.

b) The proposed Dry Wells LARCS-LMR Communication Site includes a variety of project specific equipment and infrastructure that are built into the plans and specifications of the construction project. Should another A-E firm be awarded the PCAS, they would lack the details and solutions required to design the project in the specific, current outlay. If another A-E firm were awarded the PCAS, they could refuse to work with the plans and specifications that The Engineering Partners, Inc. provided, resulting in delays and costly rework to develop new plans. The extensive learning curve required to obtain the necessary background information from The Engineering Partners Inc. would adversely affect the construction effort, result in unacceptable delays in a minimum of

(3) three to (4) weeks, and create substantial duplication of costs that would not be expected to be recovered using competitive procedures.

c) To attempt to proceed without The Engineering Partners Inc. exposes the project to substantial risk. Risks could arise from misinterpretation of plans with the potential to cause failure to major systems such as, underground electrical and communication equipment if installed improperly.

This could be particularly catastrophic to the local community during a natural disaster or serve ground-disturbing event.

The Government receives optimum value from utilizing The Engineering Partners Inc., which is best characterized as a continuation of A-E services and ensures continuity in the construction efforts to help meet the plans and specifications as developed by this firm. The Engineering Partners Inc. has the background knowledge and capability of providing the unique and highly specialized services necessary to cost effectively and efficiently complete the PCAS required. Therefore, it is in the Government’s best interest to award directly to The Engineering Partners Inc. If the Government were to compete the work among the other successful A-E contractors, the advantage that The Engineering Partners Inc. has over the competition would not yield fair opportunity to other firms.

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

Due to The Engineering Partners Inc.’s intimate knowledge of this project, standard market research procedures for other qualified firms were not required to be conducted in accordance with FAR Part 10.

Other than full and open competition is necessary due to the factor that only one responsible source and no other supplies or service will satisfy agency requirements, [FAR 6.302-1(a)(2) under the authority of 10 U.S.C. § 3204(a)(1)]. In accordance with FAR 6.305, this Justification and Approval (J&A) will be published and made publicly available within SAM.gov. No additional market research was conducted because it is not practicable, for the reasons discussed in Paragraph 5 above, for any company other than The Engineering Partners Inc. to provide the required services.

7. Determination of Fair and Reasonable Cost.

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

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVFAC SW does not intend to compete this requirement for the services covered by this document. This is a unique, isolated instance in which the need to waive the requirement to give fair opportunity to a different Civil A-E IDIQ contractor is overwhelmingly justified by The Engineering Partners Inc.’s highly specialized experience with this project. Specifically, The Engineering Partners Inc. provides a unique risk reduction advantage and benefit to the Government due to their direct involvement in the design development of the construction contract for the repair and upgrade of Dry Wells LARCS-LMR Communication site at MCAS Yuma. In other planned task orders, NAVFAC SW will continue to comply with all applicable statues, regulations, and policies.

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:

Phone No. Date

Chief Engineer Planning, Design, and Construction Director

NAVFAC SW

LEGAL SUFFIENCY REVIEW

I have determined this Justification is legally sufficient.

Associate Counsel

NAVFAC SW

APPROVING OFFICIAL

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)(1) (FAR 6.302-1).

Contracting Officer Design and Construction Core, Marine Corps Team, NAVFAC SW