Redacted JA ML2545 IDIQ Crane Rental Services Increase Capacity.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML 25-45

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity Naval Facilities Engineering Systems Command, Mid-Atlantic (NAVFAC MIDLANT), Public Works Department Earle, Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo, New Jersey.

2. Description of the Action Being Approved.

Approval is sought to increase the contract maximum not-to-exceed (NTE) amount on Contract N4008521D0062 for Indefinite Delivery/Indefinite Quantity (IDIQ) Mobile Crane Services at NWSE with contractor J.L. Dobbs, Inc. in the amount of $700,000 from $1,326,775 to $2,026,775. No additional time is being added to the contract.

3. Description of Supplies/Services.

NAVFAC MIDLANT, Public Works Department Earle awarded an IDIQ contract for Mobile Crane Services on 27 September 2021 to J.L. Dobbs, Inc. This effort was solicited as a competitive small business set-aside procurement with a nine-month base period and four 12-month option periods, if exercised. Except where otherwise stated, the Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision, and management necessary to fulfill the requirements of task orders issued by the contracting officer to provide the services outlined below and described in the contract's Performance Work Statement (PWS). This contract is a non-recurring services firm-fixed price type contract with pre-priced line items.

This contract provides Mobile Crane and licensed Operator Services to support weight handling requirements for ship loading of ordnance (ammunition) materials, port service operations and other public works type operations for NWSE locations in Leonardo and Colts Neck, New Jersey.

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.

3204(a)(2), as implemented by FAR 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 5.202(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority.

This contract was awarded with the intent and maximum not-to-exceed capacity to provide for non-recurring Mobile Crane Services. These non-recurring services provide the station the ability to issue pre-priced task orders to support weight handling requirements for the ship loading of ordnance (ammunition) materials, port service operations and other public works type operations at NWSE. Since there has been a substantial increase in the number of ships coming to NWSE and requiring crane services during the past three years, more capacity for unexpected task orders was used than planned for when this contract was awarded in fiscal year 2021. As a result, this contract has reached its not-to-exceed maximum limit ahead of its projected completion date of 01 June 2026. At present time, this contract cannot support the volume of crane services that may be required before procurement and award of a new contract can be completed. Ship arrivals requiring crane services can happen at any time with an extremely short turn around notice, usually one to two weeks.

If this additional capacity is not granted, the remaining awards will have to be procured through other means. Competing these awards on a standalone basis is not in the best interest of the Government in accordance with FAR 6.302-2(b)(2), where delay in award of a contract would result in jeopardizing NWSE’s, the Navy and the Warfighters’ strategic mission. Procuring these projects via standalone procurements add costs, require more resources and would impact the Department of Defense's ability to meet mission essential requirements. The work completed under this contract ensures that ships coming into NWSE receive the port service operations and ordnance materials required to successfully perform the Navy’s mission on a timely basis. In the event of failure to acquire these crane services, station operations would be significantly impacted and would result in mission failure. The NWSE is pursuing the execution of a follow-on contract with an anticipated award in May 2026. Under the exigent circumstances, completion of the efforts under the current contract is the most practicable option available. J.L.

Dobbs, Inc., can and has performed the work and is familiar with the types of work to be performed allowing greater efficiencies in cost and performance of the work. Additionally, this contract utilizes competitively awarded pre-priced line items for pricing task orders. Once the new contract vehicle is in place next year, the Government will use that vehicle to establish new task orders.

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

Due to the urgent need of these 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 able to mobilize on short-term notice, is intimately familiar with the work to be performed, and is performing satisfactorily at present time. This contract utilizes competitively awarded unit prices.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government for the services covered by the J&A will be fair and reasonable. All task orders on this contract to date have been determined to be fair and reasonable in accordance with FAR 13.106-3, Award and

Documentation - through cost analysis, pre-priced line items, comparison of the proposed price with prices found reasonable on previous purchases and comparison to the Government Estimate. All future work will continue to be evaluated in the same manner. Further, this contract’s pre-priced line items were established through a competitive procurement for mobile Crane Rental Services work.

8. Actions to Remove Barriers to Future Competition.

A new contract for Mobile Crane Services will be procured competitively with a projected award timeframe of May 2026. Future efforts that meet the requirements based on scope, location, and dollar value will be issued as firm-fixed price task orders under the contract.

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 Ivey Date Quality Manager PW 7 Transportation Core NAVFAC Mid-Atlantic

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Howard Smith Date Assistant Counsel NAVFAC Mid-Atlantic

CONTRACTING OFFICER CERTIFICATION

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

Joseph Henrius Date Supervisory Contract Specialist Public Works Department Earle NAVFAC Mid-Atlantic

APPROVING OFFICIAL (NPGI 6.304)

Upon the basis of the above justification, I hereby approve the increase in capacity described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204 (a)(2), Unusual and Compelling Urgency.

Kimberly Kahler Date Chief of the Contracting Office:

NAVFAC Mid-Atlantic