REDACTED JA 20-39 EXOTIC WEEDS BRIDGE 102020 (002).pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY REFER TO:

J&A No. 20-39 September 18, 2020

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The agency is the Department of the Navy. The contracting activity is the Naval Facilities Engineering Command Southwest (NAVFAC SW), San Diego, California.

2. Description of the Action Being Approved.

Approval is sought to use other than full and open competition to extend the period of performance for 12 months on the NAVFAC SW Group E0028 Indefinite Delivery, Indefinite Quantity (IDIQ) Exotic Pest Plant Species Abatement Multiple Award Service Contracts (Exotic Weeds MASC). The contracts are N6247315D0801 - Agri- Chemical & Supply Inc.; N62473-15-D-0802 - Gulf South Research Corporation; and N62473-15-D-0803 - Natures Image, Inc.

In accordance with the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) 5206.303- 2(a)(iv), an approved Request for Bridge Contract (signed on September 9, 2020) is provided with this J&A.

3. Description of Supplies/Services.

The Exotic Weeds MASC includes specialized services in the areas of biology and/or related fields, aerial photography, and licensed pesticide application in wildland areas where sensitive habitats, rare species, and/or wetlands are present in or near the treatment area. Other services include survey, mapping and eradicating exotic pest plants by chemical and mechanical means, planning, research and analysis to predict and manage land use changes and effects at various locations primarily within Naval Facilities Engineering Command Southwest (NAVFAC SW) area of responsibility.

The Exotic Weeds MASC contracts were awarded on November 3, 2014 with a base year and four option years.

The final option period on the current contract expired on November 2, 2019. A one year bridge extension of the contract was executed and will expire on November 2, 2020.

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

It is requested that other than full and open competition be permitted and implemented pursuant to 10 U.S.C.

2304(c)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

This J&A seeks to extend the current Exotic Weeds MASC for twelve months and add $15,000,000 in contract capacity. The current available capacity of the Exotic Weeds MASC is $362,117 to cover unanticipated task order modifications for the month of October 2020. This J&A is necessary to award approximately $7,500,000 of new, known FY21 Natural Resources programmed projects,cover for unknown but expected project requirements typical for the Natural Resources program, and allow for modifications of all 62 currently ongoing and an estimated 15 to 20 new task orders to be awarded in FY21. Without the contract extension and increased capacity, NAVFAC SW will not have a contract vehicle to execute large-scale invasive weeds projects in a timely manner. The failure to issue task orders to conduct invasive exotic weed control would potentially result in the Department of the Navy monica.hernandez1 Highlight becoming out of compliance with several Biological Opinions from the U.S. Fish and Wildlife Service and possibly, to be in violation of the Endangered Species Act, which has both civil and criminal penalties.

If the additional capacity is not granted, FY21 work will have to be procured through other means. NAVFAC SW has four terrestrial natural resources contracts, and of those four, only the Exotic Weeds MASC provides the scope of services required to control and eradicate invasive weeds. Competing these type of projects on a stand-alone basis not under an IDIQ contract is not in the best interests of the Government or practically feasible to complete the needed work in the timeframe required, as the time needed to solicit and award stand-alone contracts even under Simplified Acquisition Procedures is between two to four months, depending on the source selection approach. This is drastically longer than pre-priced task order awards under an IDIQ that typically take just a couple of weeks. Additionally, handling an additional 15 to 35 new procuments that average approximately $45,000 would add undue technical and administrative burdens to acquisition, natural resources, financial, and management staff.

Use of the authority cited above is deemed appropriate due to the agency’s need for the required services for statutory and regulatory compliance. There is unusual and compelling urgency in this situation in that without the additional capacity, NAVFAC SW will not have in place any viable contract vehicle to procure this mission necessary work.

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

The existing Exotic Weeds MASC contracts were procured under competitive procedures, and this action would extend the period of performance of the three existing contracts. In accordance with FAR 5.202(a)(2), a synopsis of this proposed contract modification will not be published in Federal Business Opportunity (FedBizOpps).

Specifically, FAR 5.202(a) (2) addresses contract actions made under urgent and compelling circumstances, per

FAR 6.302-2.

In accordance with FAR 6.305, “Availability of the Justification,” this justification will be made available for public inspection by posting it on the Navy Electronic On-Line (NECO) and FedBizOpps websites.

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 as pre-established ELIN prices were originally competed and determined to be fair and reasonable. Non-priced ELINs will be competed among Exotic Weeds MASC contractors, and will be determined fair and reasonable before task order award by the cognizant Contracting Officer.

8. Actions to Remove Barriers to Future Competition.

NAVFAC SW normally procures the required services for the Natural Resources program office for large-scale invasive weed projects on a competitive basis. With the very limited exception of this urgent and compelling extension of the period of performance to bridge the gap with regard to the Exotic Weeds MASC, NAVFAC SW plans to continue to procure exotic weeds abatement services via competitive procedures.

The Exotic Weed MASC follow-on contract has taken longer to develop than originally planned for several reasons. Initially, the contract was going to be a straight re-procurement. However, the Environmental Business Line (EVBL) and Environmental Acquisition Core (EV ACQ) teams 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 draw from the same competitive pool of offerors (both are 100% Small Business set-asides). This combination of requirements resulted in significantly more time and effort by the technical team than initially anticipated. The two existing MASCs have scope overlap, monica.hernandez1 Highlight but different technical approaches were used in developing the pre-priced specification items (ELINs) for each MASC. Resolving the differences between the two MASCs while simultaneously preserving the combined extent of scope coverage has turned out to be very challenging (more so than anticipated) and has delayed the procurement process by many months. Additionally, the two scopes had simlar but different work, and a significant amount of effort was necessary to review and either modify existing tasks or remove tasks to minimize duplication. Finally, the previous procurement was competed with five separate zones for pricing. In order to streamline the tasks, zones were reviewed and combined into four. The task and zone combination also resulted in a complex and data intensive government estimate development. In December 2019, an Industry Day with participation from approximately ten contractors was held in San Diego. The technical team completed the scope of work for the new procurement in February 2020. Combining the two procurements also requires a Determination and Findings and Benefits Analysis to be completed. The Determination and Findings consolidation was signed by Cindy Readal on 7 July 2020. The Benefits Analysis was drafted and submitted for a legal review in March 2020, and legal review has been completed. Development of the Source Selection Plan is in process.

Several other indirect events and conditions impacted the priority of this procurement that also resulted in delays.

The EVBL reduced its execution flexibility in FY19 and FY20 by establishing quarterly execution goals across its programs through self-imposition and/or client mandate, with the goal of reducing the risk of not meeting end of fiscal year spending targets. That reduction in flexibility caused reprioritization of most regional procurement efforts behind that of new, iterative project execution goals. Essentially resources—both EVBL and EV ACQ— were redirected from regional procurements to project execution. Another impact on this procurement resulted from the sheer large number of ongoing regional procurements. During FY17 and FY18, roughly six to eight regional procurements were in process, whereas currently and going into FY20, the EVBL and EV ACQ teams have 14 ongoing procurements—approximately double the number from recent history. This forced prioritization amongst the regional procurement actions themselves—the Exotic Weed MASC became deliberately lower in priority due to its (relatively) more flexible project execution climate. Other unforeseen events such as the single BSO (Budget Submitting Office) rollout and dissolution of NWCF impacted the EVBL in its budget submits and funds processes, resulting in redirection of resources from regional procurements. Finally the disruption to work caused by COVID 19 has significantly reduced the ability of the team working on the Exotic Weed MASC to meet and coordinate actions.

In summary, the challenges experienced in crafting a new, combined MASC as well as the deliberate, lesser priority given the procurement in light of several events and circumstances, along with the fact that the Natural Resource project execution climate is more flexible, all led to the delay which in turn now necessitates a bridge action. The follow-on procurement for the Exotic Weeds/Habitat Enhancement MASC is currently in process with the review and final drafting of the Source Selection Plan in process prior to legal and contracting reviews and approvals. The revised Request for Proposals is anticipated to be submitted in April 2021, with the evaluation of prooposals anticipated to be finalized by July 2021. Offeror letters and evaluations or negottiations are anticipated, with final costs and contractor selection to be completed in August 2021, with a projected award date of October 2021.

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.

________________________ 619.532.1390 ____________ BRIAN S. GORDON Phone No. Date Environmental Business Line Manager

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

805.233.0751 CAMILLE N. RYBAR Phone No. Date Associate Counsel

NAVFAC SW

ECH IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

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

_________________________ 619.532.2339 RENAE A. KVENDRU Phone No. Date Chief of the Contracting Office

NAVFAC SW

ECH III CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

Upon the basis of the information contained in this justification, I hereby endorse, as the Echelon III Chief of the Contracting Office, the issuance of the bridge contract action as described herein.

JILL E. K. NII

Chief of the Contracting Office NAVFAC Pacific

Date jill.nii Typewritten Text 10/20/2020

APPROVING OFFICIAL

ECH II ASSISTANT COMMANDER FOR ACQUISITION CERTIFICATION

Upon the basis of the information contained in this justification, I hereby approve, the issuance of the bridge contract action as described herein using other than full and open competition, pursuant to the authority of 10 U.S.C 2304 (c)(2) (FAR Part 6.302-2).

CINDY S. READAL

Assistant Commander for Acquisition Naval Facilities Engineering Command

Date