JA Unaccompanied Housing SAM.pdf

J&A Number N69450-24-C-0061

Source Selection Sensitive Information – FAR 2.101 and 3.104

CUI

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A No. N69450-24-C-0061

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Command Southeast (NAVFAC SE), Public Works

Department (PWD) Kings Bay, Georgia.

2. Description of the Action Being Approved.

This justification requests the approval to modify the existing task order N69450-24-C-0061, SUB - B1040 & 1043

Replace Cast Iron Piping construction project for additional work in the amount of $2,074,867 to ensure the facility is complete and usable as intended by the original scope of the project. This modification will add asbestos and mold survey and remediation work throughout the facilities to the initial scope of the project.

3. Description of Supplies/Services.

A standalone Firm Fixed Price contract was awarded in the amount of $4,749,700.00 which included all labor, materials, management, equipment, engineering, and tools necessary to replace interior sanitary sewer piping and windows, and to complete asbestos and mold remediation within the limits of work. The requirement was issued under the 8a program and sole sourced to Aktarius, LLC dba DAWSON AKT, and approved by the Small Business

Administration (SBA) on 9 July 2024.

The original contract scope included an estimated 3,000 square feet of mold remediation in unaccompanied housing buildings 1040 and 1043. During interior demolition the contractor identified that the extent of mold growth far exceeded the quantity anticipated at the time of award. Industrial Hygienist evaluation determined that the additional mold encountered is black mold, which presents a health concern and will require remediation prior to authorizing occupancy. There is further concern that prior to and during the construction period, black mold growth extended into air ducts and will circulate through the facility HVAC systems once returned to service. The government determined additional investigation is needed to determine the quantity of black mold growth within the facility and the full extent of remediation required to allow for building occupancy. This additional work exceeds the current contract scope, which does not include the requirement for mold survey and abatement outside of the limits of piping and window replacement. The intent of the project is to provide a complete and usable facility to support military unaccompanied housing requirements in 2025. To achieve this, a full facility mold assessment and remediation effort, to include the HVAC system, is required.

Based on demolition efforts to date, it is also anticipated that asbestos exceeding the quantities specified at contract award will be encountered in materials including floor tile and mastic, duct jackets, and other thermal insulation.

Therefore, there is a requirement to increase the scope of asbestos survey and remediation to encompass both buildings 1040 and 1043 as well.

The government contemplated a standalone contract to address unforeseen mold and asbestos remediation scope, however this alternative increases the risk of delay to facility occupancy and potential to negatively impact unaccompanied service member quality of life. The current contract work may not proceed unless mold and air quality issues are addressed, and a contract suspension would be required to allow for mobilization of a separate contractor and completion of additional mold and asbestos remediation. This would negatively impact the currently mobilized contractor’s ability to perform the current scope and efficiently sequence remaining activities to deliver a complete and useable facility within the contract period of performance, adversely affecting the government’s interests.

Therefore, approval for a modification is being requested to add additional scope of work to the subject contract for the survey and remediation of asbestos and mold within Building 1040 and Building 1043, estimated as a total of

70,317 square feet (SF) for both buildings. The scope of the survey and abatement shall include the full building envelope, to include the attic space and the HVAC system. Demolition and replacement of contaminated insulation, drywall, and other building materials affected by mold will be required to bring the building back to safe, habitable standards. Following mold and possible asbestos abatement and post-remediation testing/sampling, full testing, adjustment, and balancing (TAB) of the HVAC system will be required to ensure proper airflow and a complete and usable facility is available for unaccompanied housing occupancy.

Estimated Dollar Value

The total cost estimate was based on market research and RS Means line items. The estimated cost associated with the proposed scope of work is $2,074,867.

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

This action will be pursuant to FAR 6.302-2, Unusual and compelling urgency, as the Agency need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources which it solicits bids or proposals and where any delay in awarding task orders under this contract will result in serious injury, financial or other, to the Government.

5. Rationale Justifying Use of Cited Statutory Authority

The existing contractor is presently performing demolition of the walls for the intended scope of work to replace cast iron piping where unforeseen hazardous mold was identified. The original contract scope requires the contractor to provide mold and asbestos remediation for a total of 3,000 square feet within the project limits.

However, the significant increase in the remediation scope that is necessary to provide a complete and usable facility far exceeds, in terms of complexity and price, what both the contractor and the government reasonably contemplated at award. Further, this is urgent because current contractor cannot proceed with the full scope of remaining demolition and construction per the current contract until an extended facility-wide survey is performed and hazardous mold and asbestos containing materials are properly remediated. To minimize costly contractor delays, extended military member displacement, and risk to Naval Submarine Base Kings Bay quality of service objectives, it is critical that mold and asbestos survey, testing, and abatement activities are performed expeditiously. The current contractor has the resources and capabilities to provide expedited support of the additional scope. Procuring a contract through another contractor would introduce an estimated delay of 4-6 months to the current project to allow for solicitation, required site visits, negotiations, award, base access coordination, and contractor mobilization. This delay would significantly increase risk to completion in 2025 and may result in unanticipated additional cost associated with multiple contractors working within the same project limits on interrelated scope.

6. Description of efforts made to solicit offers from as many Offerors as practicable.

Due to the unusual and compelling nature of this requirement offers will not be solicited from other sources. In accordance with FAR 6.305, the approved J&A will be posted on sam.gov within 30 days after award of the contract modification.

7. 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 based on market research and historical pricing for similar work.

8. Actions to Remove Barriers to Future Competition.

Any requirements for mold and abatement testing outside of this project will be competed using full and open competition or the SBA set aside program.

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:

CDR Dan D. Cloutier, CEC, FEAD Director

NAVFAC SE, PWD Kings Bay

Requirements Cognizance:

Don A. Shaver, Deputy Public Works Officer

NAVFAC SE, PWD Kings Bay

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Alexandra J. Fitzmaurice, Associate Counsel NAVFAC SE, NAS Jacksonville

CONTRACTING OFFICER CERTIFICATION

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

RENEE COMFORT, Chief of the Contracting Office

ECHELON IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as Commanding Officer NAVFAC Southeast, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(2).

M. DIEGUEZ, CAPT, CEC, Commanding Officer