Specialty JOC CPEN SB Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHWEST

750 PACIFIC HIGHWAY

SAN DIEGO CA 92132-5190

IN REPLY REFER TO

J&A No. 24-072

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Department of the Navy, Naval Facilities Engineering Systems Command Southwest (NAVFAC SW), San Diego, California.

2. Description of the Action Being Approved.

Request approval to award an out-of-scope modification that would allow for up to a twelve (12) month extension to Contract N62473-19-D-2622, Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC) (also known as the Specialty Trade Construction JOC) Small Business Set-Aside for specialty trade projects at various Government installations located within the Naval Weapons Station (NWS) Seal Beach and Marine Corps Base (MCB) Camp Pendleton, California, area of responsibility (AOR).

In accordance with the Navy Marine Corps Acquisition Regulation Supplement 5206.303-1(S- 90)(a), an approved Request for Bridge Contract (signed on June 13, 2024) is provided with this Justification and Approval (J&A).

3. Description of Supplies/Services.

The Specialty Trade Construction JOC is used to award task orders for specialty trade construction projects within NAICS 238990. Types of projects may include, but are not limited to, renovation/alteration/installation/construction of windows, vehicle gates, sprinklers, mold remediation, boilers, and ceilings.

The contract was awarded to Sapper West – Spectrum Svc Grp-JV, a Service-Disabled Veteran Owned small business, on July 17, 2019.

One (1) option which extended the performance period by three (3) years on the contract has been exercised. The contract value of the Specialty Trade Construction JOC, including the option, is $49,000,000. The current contract completion date is July 16, 2024. The proposed action will extend the existing contract for up to twelve (12) months to July 16, 2025 structured as follows: an initial period of performance from July 17, 2024 to January 16, 2025 (6-months) with two (2) three-month options if needed. Option 1 will be from January 17, 2025 to April 16, 2025 and Option 2 will be from April 17, 2025 to July 16, 2025. The total amount awarded to date is approximately $ 21,018,343.68 with a planned amount of approximately . No additional capacity is being requested.

The aforementioned contractor has been performing satisfactorily or better on its contract and is recommended to continue providing repairs, alterations, renovations, installation, and new construction.

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 3204(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency, which permits contracting without providing for full and open competition in situations where 1) an unusual or 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.

The Specialty Trade Construction JOC is the NAVFAC SW acquisition vehicle that was competitively procured to obtain repairs, alterations, renovations, and new construction under NAICS 238990 in support of the NWS Seal Beach and MCB Camp Pendleton, California AOR.

It is the only existing contract vehicle that allows for the procurement of specialty trade construction projects ranging from $2,000 to $1,000,000 within the NWS Seal Beach and MCB Camp Pendleton AOR. The JOC allows for a streamlined process for the execution of numerous, commonly encountered construction projects in an efficient and effective manner by reducing unnecessary levels of engineering, design, and contract procurement time while reducing overall project costs. Sole sourcing of task orders to 8(a) firm(s) is not the best alternative to a bridge due to the limited number of contractors in the geographically remote location, inherent risk(s) with unknown contractors and longer award timelines. Most, if not all, of these risks are mitigated by bridging this JOC. Without this contract vehicle, there is a high risk of base requirements and critical facilities being left unsupported until the next Specialty Trade Construction JOC is awarded. This contract is critical to ensure specialty trade construction projects are executed in support of NWS Seal Beach and MCB Camp Pendleton’s mission and operational capability. It is necessary and will be most efficient and cost effective to use existing contract N62473-19-D-2622 to secure future projects until the follow-on contract is awarded.

A delay in the award of these requirements would cause harm to the Government as it would result in loss of funding for the projects, the end users and supported missions would suffer due to not having the required facilities to execute their missions, and because these types of projects are typically unplanned and inducted late, the current contract is the best suited to support the requirements. The cost of not extending the current contract would include the potential loss of the that is not yet obligated this year , plus the additional costs associated with having to award another contract, increased maintenance, and interim solutions that will be needed until the projects may be fully funded and executed as intended.

The follow-on procurement is anticipated to be solicited as a , Firm Fixed Price, Indefinite Delivery Indefinite Quantity Specialty Trade JOC. Market research is currently being conducted to determine if this requirement will be further set-aside under a socioeconomic program. The procurement is currently proceeding with a planned award date of January 16, 2025. A bridge contract is necessary to allow NAVFAC SW sufficient time to complete the ongoing procurement of the follow-on contract, which was unexpectedly delayed due to staffing/manpower shortages of contracting personnel within the last year.

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

No efforts were made to solicit offers from any Offerors due to the unusual and compelling nature of this requirement. The planned action covered by this J&A meets an exception to the synopsis requirement per FAR Part 5.202(a)(2). The follow-on contract is being competitively sourced. The approved J&A will be released in accordance with FAR 6.305(b).

7. Determination of Fair and Reasonable Costs.

The Contracting Officer has determined the anticipated cost to the Government for the services covered by this J&A will be considered fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

Award of a follow-on Specialty Trade Construction JOC is currently in progress and is anticipated to be awarded no later than January 16, 2025. Award of this contract vehicle will eliminate the need for future bridge contract requests.

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.

Date Director, Public Works

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Associate Counsel

WARRANTED CONTRACTING OFFICER APPROVAL

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

Upon the basis of the above justification, I hereby approve, as Director, Contracting Core Operations, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. Section 3204(a)(2).

Director, Contracting Core Operations