redacted JA N6247316D2405 EV Compliance final_Redacted.pdf

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-16)

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST

1220 PACIFIC HIGHWAY

SAN DIEGO, CA 92132-5190

1 April 2021 J&A No. 21-15-2

ANNEX 1 - 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 extend the period of performance from 22 June 2021 to 22 June 2022.

3. Description of Supplies/Services.

Contract N62473-16-D-2405, an Architect and Engineering (AE) Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract, 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 one firm. This contract is used to award contract task orders to provide AE services to achieve environmental compliance with performing mandatory regulatory law and permit compliance management for Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), National Pollutant Elimination Discharge System (NPDES), Emergency Planning and Community Right To Know Act (EPCRA), Pollution Prevention (P2), Spill Prevention and Counter Contingency Plans (SPCCs), and Resource Conservation and Recovery Act (RCRA) within Navy and Marine Corps installations in the NAVFAC SW area of responsibility (AOR). Task orders are not to exceed $3,000,000. The contract was awarded on 23 June 2016 to KMEA AMEC Joint Venture (JV) protégé – mentor. The JV has been successful on the contract.

The contract has a base period of twelve months and four one-year option periods. Four (4) twelve-month option periods have been awarded and the current contract completion date is 22 June 2021.

The estimated remaining capacity is $20M and is anticipated to cover critical Fiscal Year (FY)21 & FY22 federal, local, and state environmental compliance projects to support the Navy Region Southwest, Marine Corps Installations West, and Base Realignment and Closure West Programs. 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. This extension of time will also support critical modifications that may be required on existing task orders for any additional investigations or sampling 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 June 2022 due to unforeseen delays. This contract provides regulatory mandated environmental compliance program management for storm water, water quality, drinking water, air, wastewater, groundwater, toxic materials, spill prevention, hazardous waste, and hazardous material. It allows for designs, studies, permits, plans, sampling, analyses, reports, inspections, investigations, assessments, and evaluations primarily within the NAVFAC SW AOR, but with the ability for use throughout the continental United States (CONUS).

This contract provides regulatory mandated multi compliance media designs, studies, sampling, analyses, reporting, inspections, and monitoring for storm water, water quality, air, wastewater, groundwater, and waste at all NAVFAC SW sites and throughout CONUS with approval of the Contracting Officer. It is the only such NAVFAC SW contract available that allows multi-media environmental compliance. It is necessary to continue environmental compliance across the large NAVFAC SW AOR to minimize installation mission delays, prevent violations and fines, prevent third party lawsuits and to ensure drinking water is safe, restores and maintains oceans, watersheds, and their aquatic ecosystems to protect human health, support economic and recreational activities, and provide healthy habitat for fish, plants, and wildlife. If NAVFAC SW does not extend the period of performance until the next multi-media environmental compliance basic contract is awarded, there is imminent risk of fines, penalties, notices of violations, and potential lawsuits associated with CAA and RCRA. 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 environmental statutory and regulatory requirements.

Currently, there are no other multi-media environmental compliance contracts available within NAVFAC SW that provide for these requirements. Without the approval of this J&A to extend the period of performance, NAVFAC SW will be without a sufficient contracting vehicle to support installation missions and provide for compliance with environmental statutes and regulations. If an extension to the period of performance is not granted, environmental compliance task order projects will have to be procured though NAVFAC

Pacific (PAC) or Atlantic (LANT) contracts. However, it has been difficult to access PAC and LANT basic contracts to support the NAVFAC SW AOR, as the PAC and LANT contracts are not primarily designed to support CONUS needs. It is urgent this action occurs because without it, the time required to advertise a new basic follow on contract and evaluate proposals will be at least 16 months.

Use of the authority cited above is deemed appropriate due to the subject installations’ program requirements for the required compliance professional services. It is necessary, and will be most efficient and cost effective to use the existing contract N62473-16-D-2405 to secure the future projects until the follow-on contract will be procured.

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

The AE IDIQ FFP contract was competitively procured through The Brooks Act. As such, only one offeror is selected due to the technical complexity and to award to the best qualified firm. 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 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 new multi-media environmental compliance contract will be competitively procured with a projected award timeframe of June 2022.

J&A No. 21-15-2

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 Cognizance:

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

J&A No. 21-15-2

CONTRACTING OFFICER CERTIFICATION

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

ECHELON IV CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

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