N6945015R1109_N69450180256.pdf

Contracting Activity. Department of the Navy, Naval Facilities Engineering Command Southeast (NAVFAC SE), Jacksonville, Florida. Description of the Action Being Approved. Increase the contract maximum not-to-exceed (NTE) amount for the North Florida Medium Multiple Award Construction Contract (N FL Med MACC) by $75M, thereby increasing the total NTE amount from $99M to $174M.

Description of Supplies/Services. NAVFAC SE procured a small business set-aside Design-Build, Indefinite Delivery Indefinite Quantity (IDIQ), Firm-Fixed Price MACC for the North Florida Area of Responsibility (AOR) providing design and construction services to include labor, supervision, tools, materials and equipment necessary to perform projects in the $4M-$20M range that primarily consist of:

general building, new construction, renovation, alteration and repair of facilities and infrastructure, roofing, demolition and routine renovations within the specified area. Although this contract is primarily for use within the North Florida AOR, the contract AOR can extend beyond North Florida if necessary.

The MACC was solicited as a Small Business Set-Aside. It was awarded 14 July 2016, comprised of the following seven IDIQ contracts: N69450-16-D-1108, Orocon-Carothers JV2; N69450-16-D-1109, Whitesell-Green, Inc.; N69450-16-D-1110, The ARTEC Group; N69450-16-D-1111, Desbuild Incorporated; N69450-16-D-1112, Southeast Cherokee; N69450-16-D-1113, Leebocor Services; N69450- 16-D-1114, Howard W. Pence, Inc. Each contract has a minimum guarantee of $1,000.00 and contains a base year plus four one-year option periods. The first option year for each MACC contractor has been awarded. The current contract completion date is 13 July 2018 with prospective option periods that could extend the ordering period to 13 July 2021. Statutory Authority Permitting Other and Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(2), as implemented by FAR 6.302-2 – Unusual and compelling urgency. Rationale Justifying Use of Cited Statutory Authority. Critical repair work associated with Hurricanes Matthew, Irma and Maria, as well as additional unexpected projects from primary customers at Commander Navy Region Southeast (CNRSE) and Fleet Readiness Center Southeast (FRCSE), will require additional contract capacity that far exceeds the N FL Med MACC remaining capacity of $61,536,997. The N FL Med MACC was advertised and awarded with an aggregate NTE amount of $99M. If the additional capacity is not granted then the remaining awards will have to be procured through other means. Competing these awards on a standalone basis is not in the best interest of the Government in accordance with FAR 6.302-2 (b)(2), where delay in award of a contract would result in serious injury, financial or other, to the Government.

The administrative effort required to award new individual contracts is not cost effective and cannot be completed timely which impacts the Government’s ability to meet mission essential requirements. Each project procured under the N FL Med MACC is competed among all MACC holders, and opening the required projects up to full and open competition as standalone procurements is not likely to garner any significant savings beyond what competing on the MACC is already going to provide. A substantial duplication of costs to the Government would be incurred if required to find a new pool of contractors to perform the work. The MACC contractors have been determined to be capable of performing this work, and are familiar with the type of work to be performed thereby allowing for greater efficiencies in pricing and performing the work. After it was determined that available remaining capacity on the current N FL Med MACC would not sufficiently support execution of projected fiscal year 2018-2021 requirements, acquisition planning began for the follow-on contract vehicle. A new $195M N FL/S GA Med MACC is currently being solicited. The new N FL/S GA Med MACC will not be awarded in time to accommodate these requirements which typically require four months of procurement acquisition lead time (PALT).

The hurricane repair projects were not anticipated during acquisition planning of the N FL Med MACC.

However, urgent repairs are required immediately to numerous facilities in order to return them to full operational capability to support the Navy’s mission in the NAVFAC SE area of responsibility.

Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. The N FL Med MACC was competed as a total small business set-aside. All new projects will be competed among the seven MACC contractors. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. Actions to Remove Barriers to Future Competition. A new $195M N FL/S GA Medium MACC is currently being procured. New projects that meet the requirements based on scope, location and dollar value will be competed among the new MACC contractors.