N6247820D5035_JA26-49_REDACTED.pdf

J&A No. 26-49

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command (NAVFAC), Hawaii, Architect-Engineer (A-E) Contracts Branch (Code CON33), Joint Base Pearl Harbor-Hickam (JBPHH), Hawaii.

2. Description of the Action Being Approved.

NAVFAC Hawaii intends to use a bridge contract to provide continuation of Architect-Engineer (A-E) Services for various waterfront engineering services and other projects under A-E Services Indefinite Delivery Indefinite Quantity (IDIQ) Contract No. N62478-20-D-5035 Primarily Under the Cognizance of NAVFAC, Hawaii.

The contract is currently in the final option year expiring 24 March 2026 (including a six-month extension under 52.217-8 OPTION TO EXTEND SERVICES clause). The total estimated contract value is $264,000,000 which is inclusive of two capacity increases totaling $165,000,000.

The bridge contract time extension request is for seven months from 25 March 2026 through 24 October 2026. No additional contract capacity is being requested.

In accordance with NMCARS 5206.104, the approval and authorization to award a bridge contract was granted on 17 March 2026. The J&A is being submitted in accordance with the requirements of NMCARS 5206.104-1.

3. Description of Supplies/Services.

This unrestricted A-E services IDIQ for Waterfront Engineering Services and Other Projects was awarded to Moffatt & Nichol – Burns & McDonnell Hawaii (MN-BM Hawaii), a Joint Venture (JV) on 25 September 2020, with a base year, four one-year options, and a 6-month extension, with a maximum not-to-exceed value of $264,000,000, inclusive of two capacity increases totaling $165,000,000.

The work under this A-E services IDIQ includes design and engineering services for various waterfront engineering services projects and other projects at various locations under the cognizance of NAVFAC Hawaii; however, on special occasions, work may also be required in other areas outside of Hawaii. Specified design and engineering services for waterfront and other projects include, but are not limited to, execution and delivery of Military Construction (MILCON) project documentation (DD Form 1391); Functional Analysis and Concept Development workshops/Design Charrettes; Design-Build Request for Proposal (RFP) solicitation documents; Design-Bid-Build (DBB) Design contract documents; SPECSINTACT program; cost estimates; technical surveys and reports including concept studies, site engineering investigation, topographical survey, geotechnical investigation, hazardous material survey, Munitions of Explosive Concern survey, hydrographic survey, and others; Collateral Equipment Buy Packages;

Comprehensive Interior Design including Structural Interior Design and Furniture, Fixtures, and Equipment; and Post Construction Award Services (PCAS).

MN-BM Hawaii, a JV, has performed successfully 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 Title 10 USC § 3204(a)(1), as implemented by Federal Acquisition Regulations (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 Hawaii to complete the ongoing procurement of the replacement IDIQ contract. The original synopsis action for the new procurement was posted in March 2025, with an SF330 response due date in April 2025. The number of SF330 responses received did not meet the Selection of Architects and Engineers Statute requirement of a minimum of three qualified firms.

Therefore, the procurement was amended in April 2025 with a SF330 response due date in May 2025, which still resulted in not having the required minimum of three qualified firms. Therefore, the procurement is anticipated to be cancelled and resolicited in April 2026 with a response date in May 2026. Due to this delay, the follow-on procurement is now anticipated to be awarded no later than 19 August 2026. The Waterfront Engineering Services and Other Projects IDIQ contract is the only existing contract vehicle that allows for the procurement of waterfront engineering services. Without this contract vehicle, there is a high risk of base requirements and critical facilities being left unsupported and avoids a gap in services until the next Waterfront Engineering Services and Other Projects IDIQ contract is awarded. This contract is critical to ensure waterfront engineering projects are executed in support of NAVFAC Hawaii’s mission and operational capability. It is necessary and will be most efficient and cost effective to use the existing contract, N62478-20- D-5035 to secure future projects until the next IDIQ contract for waterfront engineering services and other projects is awarded.

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

A synopsis of the proposed contract modification was not published in Contract Opportunities (at SAM.gov), pursuant to the exception FAR

5.202(a)(11), where this proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207. A formal market survey was not conducted as it is not practicable for the reasons discussed in paragraph 5 above, for any firm other than MN-BM Hawaii, a JV to provide the required follow-on work for additional design, engineering and PCAS services, due to the highly specialized nature of A-E services. The Government conducted market research by considering other A-E firms under existing current IDIQ contracts and A-E firms that have SF330s Architect-Engineer Qualifications on file with the NAVFAC Hawaii A-E Contracts Branch (Code CON33) as available sources to potentially solicit these design, engineering and PCAS requirements. After a technical evaluation of four firms’ qualifications who have SF330s on file, none of these firms were determined to be more highly qualified than MN-BM Hawaii, a JV for the requirements for these projects. It is also believed that no other firm will express a serious interest in the work if that firm is required to assume responsibility and liability for a design that was prepared by another firm.

7. Determination of Fair and Reasonable Cost.

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. Action to Remove Barriers to Future Competition.

NAVFAC Hawaii anticipates removing barriers to future competition through award of a new IDIQ for Waterfront Engineering Services and Other Projects, which will be re-solicited on an unrestricted basis with projected award in the fourth quarter of Fiscal Year (FY) 2026.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

APPROVAL

ECHELON IV CHIEF OF CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve the proposed contract modification described herein to bridge the A-E Services Indefinite Delivery Indefinite Quantity (IDIQ) Contract No.

N62478-20-D-5035 for Waterfront Engineering Services and Other Projects at Various Locations under the cognizance of NAVFAC Hawaii using other than full and open competition, pursuant to the authority of Title 10 USC § 3204(a)(1), as implemented by FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.