N6247820D5037_JA25-27 REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, HAWAII

400 MARSHALL ROAD

JBPHH, HAWAII 96860-3139

IN REPLY REFER TO:

J&A No. 25-27

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 increase the contract maximum not-to-exceed value of its Architect-Engineer (A-E) Services Small Business Indefinite Delivery Indefinite Quantity (IDIQ) Contract No. N62478-20- D-5037 for Various Utility Projects and Other Projects Primarily Under the Cognizance of NAVFAC, Hawaii, Various Locations, by $12,000,000 from $30,000,000 to $42,000,000.

The current amount obligated under this A-E Services IDIQ is $14,436,923. There is an estimate of in pending task order awards, leaving a remaining capacity of .

The contract is currently in the fourth and last option year expiring 10 June 2025 or a not-to-exceed amount of $30,000,000, whichever occurs first.

3. Description of Supplies/Services.

This A-E services IDIQ for Utilities Projects was awarded to Fukunaga and Associates, Inc. (FAI) on 11 June 2020, with a base year and four one-year options with a maximum not-to-exceed value of $30,000,000.

The work under this A-E services IDIQ includes design and engineering services for various utility 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 utility and other projects include execution and delivery of Military Construction (MILCON) project documentation (DD Form 1391); Functional Analysis and Concept Development (FACD) workshops/design charrettes; Design-Build (DB) Request for Proposal (RFP) solicitation documents; Design-Bid- Build (DBB) design contract documents; SPECSINTACT program; cost estimates utilizing the Micro-Computer Aided Cost Estimating System Second Generation (MII) cost estimating system; 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 (CID) including Structural Interior Design (SID) and Furniture, Fixtures, and Equipment (FF&E); and Post Construction Award Services

(PCAS).

FAI is performing work under existing task orders issued under this A-E services IDIQ to support

. It is anticipated this work will require mission-critical modifications with expected award amounts totaling as follows.

Table 1

Task Order Number

Description Amount

FAI is the designer of record (DOR) for the engineering assessment study. Modifications are required for additional geotechnical investigations , to complete the DBB RFP consisting of plans, specifications, cost estimate , and for PCAS .

Currently in negotiations to award a task order contract to FAI to provide engineering assessment study. Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS .

FAI is the DOR for the engineering assessment study. Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS

TOTAL $20,300,000

The pending actions shown in Table 1 above will require an increase in the contract not-to-exceed amount by , rounded to $12,000,000 as follows:

Table 2

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.

The original contract awarded to FAI was set aside for small business pursuant to 40 U.S.C. 1101, Selection of Architects and Engineers, as implemented by FAR 36.6. The statutory authority of 10 U.S.C. § 3204(a)(1) applies as an award to any other source would result in substantial duplication of cost to the Government that are not expected to be recovered through competition and would create unacceptable delays in fulfilling the agency’s requirements as implemented at FAR 6.302-1(a)(2)(iii) for the following reasons.

Through task orders awarded by NAVFAC Hawaii, FAI performed design and engineering services, including site investigations and assessment, for

Through a task order currently in negotiations, FAI will perform site investigations and assessment for .

o

FAI has the requisite knowledge and experience to provide design and engineering services to complete the above projects.

FAI has provided similar specialized designs for these types of facilities in other locations and has extensive experience at JBPHH and Navy Region Hawaii. Continuing to use FAI would result in only one interpretation of the designs, thereby ensuring continuity and integrity of the design intent towards the final designs. Using a different A-E will incur unnecessary, additional delays and costs, and potential quality inconsistencies which may lead to the need for further normalizations. Failure to award these requirements timely will ultimately result in detriment to the mission to support our warfighters as there are no other contracting tools available within NAVFAC Hawaii that will satisfy these time-sensitive and critical requirements. In addition, the start-up costs for other A-E firms to familiarize themselves with the projects and customer requirements are prohibitive and cannot be recouped through the qualifications-based A-E Selection process. The start-up costs include meetings with end-users and other Government entities; site field investigations; environmental assessments; reviews of studies; and a complete revalidation of the concept design.

Award of task orders under this IDIQ contract can be accomplished in three to six months, whereas a stand-alone competitive contract action is anticipated to take from ten to 13 months, depending on the estimated value. The associated administrative cost for Government personnel (acquisition and technical) to re-procure and re-administer this effort would also result in a substantial duplication of costs estimated at a minimum of $1,500,000 per project. Duplicative time required to verify the original assessment and design are estimated to be approximately six to eight months and would create unacceptable delays in fulfilling the Navy’s mission need dates.

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 FAI to provide the required follow-on work for additional design 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 and PCAS requirements. After a technical evaluation of three firms’ qualifications, no firms were identified or determined to be more highly qualified than FAI 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 Utility Projects, which will be solicited on a small business set-aside basis with projected award in the second quarter of Fiscal Year (FY) 2026.