NORCAL MACC Bridge JA Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY REFER TO

J&A No. 25-0

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command Southwest (NAVFAC SW), San Diego, California.

2. Description of the Action Being Approved.

Request approval to award an out-of-scope modification that would allow for up to a twelve (12) month extension to the following, Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MACC) for new construction, renovation, and repair within the NAICS 236220, primarily by design-build or secondarily by design-bid-build, of commercial and industrial building construction projects at various government installations in Northern California (Travis Air Force Base) and Nevada (Naval Air Station Fallon):

N62473-20-D-0026 N62473-20-D-0027 N62473-20-D-0028 N62473-20-D-0029 N62473-20-D-0030 N62473-20-D-0031 N62473-20-D-0032

In accordance with the Navy Marine Corps Acquisition Regulation Supplement 5206.303-1(S- 90)(a), an approved Request for Bridge Contract (signed on November 21, 2024) is provided with this Justification and Approval (J&A).

3. Description of Supplies/Services.

The Northern California MACC is used to award task orders for new construction, renovation, and repair within the NAICS 236220, primarily by design-build or secondarily by design-bid-build, of commercial and industrial building construction projects at various government installations in, but not limited to, California, Arizona, Nevada, Utah, Colorado, and New Mexico. However, it is anticipated that the majority of the work will be performed in the Northern California (Travis Air Force Base) and Nevada (Naval Air Station Fallon) Area of Responsibility (AOR).

The following contracts were awarded under the Northern California MACC on December 11, 2019:

N62473-20-D-0026 ATHNA-CDM JV

N62473-20-D-0027 R.A. BURCH CONSTRUCTION CO., INC.

N62473-20-D-0028 BRISTOL DESIGN BUILD SERVICES, LLC

N62473-20-D-0029 INSIGHT PACIFIC, LLC

N62473-20-D-0030 I.E.-PACIFIC, INC

N62473-20-D-0031 PATRICIA I. ROMERO, INC. dba PACIFIC WEST BUILDERS

N62473-20-D-0032 HEFFLER CONTRACTING GOUP

One (1) option which extended the performance period by three (3) years on the contract has been exercised. The maximum contract value for all contracts combined, including the option, is $99,999,000.00. The current contract completion date is December 10, 2024. The proposed action will extend the existing contract for up to twelve (12) months to December 10, 2025 structured as follows: an initial period of performance from December 11, 2024 to June 10, 2025 (6-months) with two (2) three-month options if needed. Option 1 will be from June 11, 2025 to September 10, 2025 and Option 2 will be from September 11, 2025 to December 10, 2025. The total amount awarded to date is approximately $8,997,725.59 with a planned amount of approximately $3,892,671.52. No additional capacity is being requested.

The aforementioned contractors have been performing satisfactorily or better on their contracts with the exception of ATHNA-CDM JV (Contract N62473-20-D-0026), and are recommended to continue providing new construction, renovation, and repair in the geographic areas covered under the MACC.

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

The statutory authority permitting other than full and open competition is 10 U.S.C. Section 3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency, which permits contracting without providing for full and open competition in situations where 1) an unusual or compelling urgency precludes full and open competition, and 2) delay in award of a contract would result in serious injury, financial, or other, to the Government.

5. Rationale Justifying Use of Cited Statutory Authority.

The Northern California MACC is the NAVFAC SW acquisition vehicle that was competitively procured for new construction, renovation, and repair within the NAICS 236220, primarily by design-build or secondarily by design-bid-build, of commercial and industrial building construction projects at various government installations in, but not limited to, California, Arizona, Nevada, Utah, Colorado, and New Mexico. It is anticipated that the majority of the work will be performed in the Northern California (Travis Air Force Base) and Nevada (Naval Air Station Fallon) Area of Responsibility (AOR). The estimated Task Order range is between $500,000 and $7,000,000. The MACC is needed to meet mission critical timelines and objectives as it provides NAVFAC SW the ability to effectively and efficiently provide these services with limited resources. Without it, NAVFAC SW will be in jeopardy of missing mission critical deadlines for future requirements within the geographical coverage area.

Full and open competition and sole sourcing of task orders to 8(a) firms(s) is not the best alternative to a bridge due to the inherent risk(s) with unknown contracts and longer award timelines. Most, if not all, of these risks are mitigated by bridging this MACC. Without this contract vehicle, there is a high risk of base requirements and critical facilities being left unsupported until the next MACC is awarded for the geographic area covered. This contract is mission and operational capability. It is necessary and will be most efficient and cost effective to use the existing contracts N62473-20-D-0027/0028/0029/0030/0031/0032 to secure future projects until the follow-on contracts are awarded.

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

The follow-on contract is being competitively sourced. The planned action covered by this J&A meets an exception to the synopsis requirement per FAR Part 5.202(a)(2). The approved J&A will be released in accordance with FAR 6.305(b).

7. Determination of Fair and Reasonable Costs.

The Contracting Officer has determined the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Award of a follow-on Norther California MACC is currently in progress and is anticipated to be awarded no later than December 2025. Award of this contract vehicle will eliminate the need for future bridge contract requests.

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.

JOHN COON Date Chief Engineer Planning, Design, and Construction Director

NAVFAC SW

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

SCOTT JOHANSEN Date Associate Counsel

WARRANTED CONTRACTING OFFICER APPROVAL

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

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

MATT KOONTZ Date Director, Contracting Core Operations