redaction JA NEPA Bridge 8-4-21_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY

REFER TO

16-D-2401 J&A No. 21-09 23 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.

Description of the Action Being Approved.

On February 9, 2021 a modification was issued to extend the contract six months from February 9, 2021 to August 9, 2021 using the extension of services Clause 52.217-8. This request is to extend the period of performance for 12 months from 9 August 2021 to 8 August 2022. In accordance with the Navy Marine Corps Acquisition Regulation Supplement NMCARS) 5206.303-2(a)(iv), an approved Request for Bridge Contract (signed on August 4, 2021) is provided with this J&A.

3. Description of Supplies/Services.

Contract Number N62473-16-D-2401, an Architect and Engineering (AE) Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract, was competitively solicited and competed, pursuant to A-E Environmental Design and Engineering Services which are required for the preparation of Navy and Marine Corps NEPA and other environmental planning related documents/tasks. The primary focus is for NEPA and other environmental planning related projects located in–water and in coastal environments. The secondary focus is for NEPA and other environmental planning related projects located in other environments. It was competed using full and open competition pursuant to 40 U.S.C. 1101, Selection of Architect and Engineers, as implemented by FAR 36.6. The locations for the projects covered under this contract are primarily within California, and to a lesser extent Nevada, and Arizona; however, there is the possibility of work being located anywhere in the United States when that work comes under the responsibility of NAVFAC. Task Orders are not to exceed $5,000,000. The contract was awarded on 10 February 2016 to MANTECH- AECOM Joint Venture (JV) protégé- mentor. The contract has a base period of twelve months and four one-year option periods.

16-D-2401

Four (4) twelve-month option periods have been awarded. A six-month extension of the contract was executed on 9 February 2021 and will expire on 9 August 2021.

The estimated remaining capacity is $5,580,762.98M and is anticipated to cover critical Fiscal Year (FY) 21 and FY22 federal, local, and state environmental projects to support the waterfront installations and commands throughout Navy Region Southwest (NRSW) and allow NAVFAC SW’s continued NEPA program support. 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 current NEPA In-Water and Coastal Projects for twelve months to avoid a critical gap in services. The follow-on contract will not be awarded until August 2022 due to unforeseen delays. The bridge contract is critical for uninterrupted provision of this specialized and frequently needed service. For example, as Naval Base San Diego (NBSD) continues recapitalizing its waterfront projects are initiated through NAVFAC SW that demand expertise and specialized experience with the Coastal Zone Management Act, the Marine Mammal Protection Act, and Endangered Species Act, and the Clean Water Act. In fact, recapitalization, maintenance, and improvement projects along the waterfronts of all San Diego, and Ventura County, CA installations are dependent upon NAVFAC SW’s contract capacity to ensure the regulatory compliance and therefore maintain operational schedules.

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 extension, NAVFAC SW will not have in place

16-D-2401 any viable contract vehicle to procure this mission necessary work. This J&A is critical for uninterrupted provision of this specialized and frequently needed service. 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.

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. The follow-on A-E IDIQ NEPA In-Water and Coastal Contract will be procured on a competitive basis.

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 A-E IDIQ NEPA In-Water and Coastal Contract will be competitively procured with a projected award timeframe of August 2022.