N6247820D5038 JA24-28 REDACTED.pdf

J&A No. 25-28

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 Small Business A-E Services Indefinite Delivery Indefinite Quantity (IDIQ) Contract No. N62478-20-D-5038 for Various Structural Projects and Other Projects Primarily Under the Cognizance of NAVFAC, Hawaii, Various Locations, by $17,000,000 from $30,000,000 to $47,000,000.

The current amount obligated under this A-E Services IDIQ is $10,324,265. 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 08 June 2025 or a not-to-exceed amount of $30,000,000, whichever occurs first. However, a six-month period of performance extension will be exercised in accordance with the 52.217-8 Option to Extend Services clause in the contract, for a new expiration date of 08 December 2025.

3. Description of Supplies/Services.

This Small Business A-E services IDIQ for Structural Projects was awarded to Nagamine Okawa Engineers Inc. (NOEI) on 09 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 structural 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 structural 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).

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

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

Table 1

Task Order Number

Description Amount

NOEI is the designer of record (DOR) for the site investigations and the DBB RFP consisting of plans, specifications, cost estimate and other services. A modification is required for PCAS .

NOEI 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 required to complete the DBB RFP consisting of plans, specifications, cost estimate and

Task Order Number

Description Amount

NOEI is the DOR for the site investigations and the DBB RFP consisting of plans, specifications, cost estimate and other services. A modification is required for

PCAS .

required to complete the DBB RFP consisting of plans, specifications, cost estimate and required to complete the DBB RFP consisting of plans, specifications, cost estimate and

NOEI is the DOR for the design charrette.

Modifications are required to complete the DBB RFP consisting of plans, specifications, cost estimate and other services and for PCAS .

required to complete the DBB RFP consisting of plans, specifications, cost estimate and

The pending actions shown in Table 1 above will require an increase in the contract not-to-exceed amount of , rounded to $17,000,000 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 NOEI 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.

NOEI has requisite knowledge and experience to provide design and engineering services to perform the modifications identified Table 1.

Each of these projects involves specialized knowledge and experience with facilities and supporting systems for the respective customers.

NOEI has provided similar specialized designs for these types of facilities and has extensive experience at each of these locations.

Continuing to use NOEI 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 firm 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 programs and 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.

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 NOEI 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 NOEI 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 Structural Projects, which will be solicited on a small business set-aside basis with projected award in the second quarter of Fiscal Year (FY) 2026.