Redacted JA ML-21-63 Chillers Bridge 16D6361.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-21-63 25 August 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The contracting activity is Naval Facilities Engineering Systems Command, Mid-Atlantic, Resident Officer in Charge of Construction (ROICC) Camp Lejeune, North Carolina

2. Description of the Action Being Approved: Award of a 6-month extension to Contract N40085-16-D-6361, Chiller HVAC Preventive Maintenance and Repair Services at Marine Corps Base Camp Lejeune, North Carolina. The extension is necessary to have sufficient time to solicit and award the follow on contract with sufficient time to allow for a 30-day phase-in period.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to perform maintenance and repair for the chillers at the DODEA schools at Marine Corps Base Camp Lejeune, North Carolina. The bridge action will be effective from 13 September 2021 to 12 March 2022 with an estimated amount of recurring services and non-recurring services).

This modification will also contain up to 6 one-month options, which if exercised, will bring the total value to an estimated

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(2);

FAR 6.302-2, Unusual and compelling urgency. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C.

2304(c)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency.

The agency’s need for these 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 from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.22(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for Chiller Maintenance and Repair for the DODEA Schools at the Marine Corps Base Camp Lejeune. The requirements package was received later than required, which did not leave sufficient time to complete pre-award activities, proposal evaluation, and award the contract before the current contract expires.

Continuing Chiller Maintenance and Repair Services is essential; without continual services to the Chillers, there is a risk of schools closure. It is imperative that these services are continued

J&A No. ML-21-63 25 August 2021 without disruption, the DODEA Chillers run the risk of failure without an avenue for repairs, which could result in school closure. The unusual and compelling urgency of this requirement precludes full and open competition. Delay of contractual coverage would result in serious injury to the Government and would adversely affect both military, military families, and civilian personnel.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Due to the urgent need for continued services, it is not practical or in the best interest of the Government to solicit additional sources for the required services. The incumbent is currently mobilized at the site, is intimately familiar with the work to be performed, and is performing satisfactorily.

7. Determination of Fair and Reasonable Cost. The price was determined to be fair and reasonable prior to award, and pricing for 6-months extension will remain the same pending a change in the SCA wage determination.

8. Actions to Remove Barriers to Future Competition. This is a one-time exception to full and open competition, which is dictated by the exigent attendant circumstances. The follow-on contract will be awarded based on full and open competition after exclusion of sources in accordance with FAR 6.204.

Signature Page Redacted as Required.