redacted FINAL JA N6247316D2414-2415 Sam 8-6-21_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

J&A No. 21-20-4 12 July 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Command Southwest (NAVFAC SW), San Diego, California 92132.

2. Description of Action Being Approved.

Request approval to use other than full and open competition to extend the period of performance for 12 months from 17 August 2021 to 17 August 2022 on the NAVFAC SW Multiple Award Service Contract (MASC) Group ID SW-E00031 (aka: MASC) - Indefinite Delivery, Indefinite Quantity (IDIQ) for Habitat Enhancement. The contracts are IO Environmental & Infrastructure, Inc. (N62473-16-D-2414) and Patriot Joint Venture (N62473- 16-D-2415).

3. Description of Supplies/Services.

The Habitat Enhancement MASC was competitively solicited and competed, pursuant to 10 U.S.C. Section 2304(b)(2) as implemented by FAR 6.203, among small businesses, and was awarded to two firms. This contract is used to award contract task orders to provide for natural resource habitat enhancement services to perform needed project site preparation, restoration, revegetation, exotic plant control, erosion control, grading, earth moving, contouring, stabilization, native planting and seeding, site maintenance, weed abatement, biomonitoring, signage, and fencing installation, and other associated tasks in Arizona, California, and Nevada and the NAVFAC SW area of responsibility (AOR). Services may be performed in sensitive habitats that are subject to environmental regulations such as, but not limited to, the Endangered Species Act and/or Clean Water Act.

The contracts have a base period of twelve months and four one-year option periods with a maximum capacity of $40,000,000. Four (4) twelve-month option periods have been awarded and the current contract completion date is 17 August 2021.

The estimated remaining capacity is $15,937,309.89 and is anticipated to cover critical Fiscal Year (FY) 21 and FY22 federal, local, and state environmental compliance projects to support Navy Region Southwest, Marine Corps Installations West, and Base Realignment and Closure West Programs within the NAVFAC SW AOR. A delay in awarding these projects would result in likely violations of existing statutes and regulations and would be likely to result in fines, penalties, notices of violations, and lawsuits, in addition to negatively impacting the installations’ warfighter readiness and missions.

12 July 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

This extension of time will also support critical modifications that may be required on existing task orders for any additional habitat enhancement work.

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 2304(c)(2), as implemented by FAR 6.302-2. FAR 6.302-2 permits contracting without providing for full and open competition in situations where 1) an unusual and 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.

NAVFAC SW requires this bridge action to extend the period of performance by 12 months to avoid a critical gap in services. The follow-on contract will not be awarded until July 2022 due to unforeseen delays with combining both contracts to ensure requirements and the capacity is responsive and meets the needs of customer and clients. This contract provides land restoration and revegetation in the form of native container planting, hydro-seeding, site maintenance, and weed treatments. This contract also provides for erosion control and earth moving. In addition, other habitat enhancements include biological monitoring and surveying, environmental signage, resource protective fencing, exclusion fencing, security fencing, gates, and welded grates. This work is primarily conducted within the NAVFAC SW AOR.

Currently, there are no other habitat enhancement contracts available within NAVFAC SW that provide for these requirements. If NAVFAC SW does not extend the period of performance until the next contract is awarded, there are imminent risks of fines, criminal penalties, notices of violations, and potential lawsuits associated with the Endangered Species Act, Sikes Act, Clean Water Act, several Biological Opinions from the U.S. Fish and Wildlife Service, and Section 404/401 permits from the U.S. Army Corps of Engineers. Not extending the period of performance would be harmful to the Government, as it will put the Government at serious risk of failing to comply with statutory and regulatory requirements in terms of habitat enhancement projects, resulting in mission impacts to our supported commands.

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

The existing Habitat Enhancement Contracts were procured under competitive procedures, and this action would extend the period of performance of the two contracts. Due to the urgency of the projects, market research for another qualified firm cannot be conducted in accordance with FAR Part 10. Synopsis of the proposed modification will not be published to the beta.SAM.GOV Contract Opportunities website due to the applicable exception under FAR 5.202(a)(2). In accordance with FAR 6.305, the approved J&A will be posted on beta.SAM.GOV within thirty (30) days after award of the contract modification.

7. Determination of Fair and Reasonable Costs.

The rates were evaluated during the award of the basic contract and were determined to be fair and reasonable. 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. Actions to Remove Barriers to Future Competition.

A follow-on contract will be will be competitively procured with a project award timeframe of July 2022. The acquisition strategy is to use a small business set-aside. The Environmental Business Line and Environmental Contracting Core determined that it would be in the best interests of the Government to combine the scopes of the Exotic Weed and Habitat Enhancement MASCs, since the remediation of invasive species under the Exotic Weed contract and the restoration aspects of the Habitat Enhancement contract are closely aligned and will allow for a single responsive, efficient and reliable means of obtaining habitat and invasive species services and take advantage of obtaining competition from the same competitive pool of offerors (both are 100% Small Business set-asides). Award of this contract vehicle will eliminate the need for future bridge contract requests.

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-17)

16-D-2414/2415

30 July 2021

CERTIFICATIONS AND APPROVAL

TECHNICAL AND 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/Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-17)

CONTRACTING OFFICER CERTIFICATION

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

ACTIVITY CONTRACTING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c)(2):