192_JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY USS ST LOUIS SSP 043-25_Redacted.pdf
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- Attached to
- USS ST. LOUIS (LCS 19) SSP SERM- 043-25
- Solicitation number
- N40027_25_003
About this file
This document is a Justification for an Exception to Fair Opportunity (J&A) for urgent repairs to USS ST. LOUIS (LCS 19) issued by the Department of the Navy's Southeast Regional Maintenance Center. The Navy is modifying an existing delivery order under IDIQ contract N00024-21-D-4458 with Fincantieri Marine Systems North America (FMSNA) to accomplish emergent repairs to the ship, which were identified during an Open and Inspect process and are complex and time-consuming.
The justification seeks to bypass standard fair opportunity procedures under FAR 16.505(b)(2)(i)(A) due to the urgent nature of the repairs and the ship's impending deployment. The contracting officer will determine price fairness using an Independent Government Estimate, Technical Advisory Reports, and historical cost data. The primary urgency is to prevent potential delays in the ship's deployment, which could result in unfulfilled Global Force Management commitments. The modification increases the work order availability and is being processed to complete repairs before the ship's scheduled deployment.
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Text version
J&A Number: N40027_25_003 a.
and scheduled to be accomplished during the WOO before the completion of the Open and Inspect process accomplished under the OEM IDIQ contract.
were identified as necessary subsequent to the award of the WOO contract.
5. Determination that the anticipated cost to the Government will be fair and reasonable.
The contracting officer will determine that the price is fair and reasonable using the Independent Government Estimate, Technical Advisory Reports, and historical cost data from similar repair.
Additionally, the base IDIQ contract for the anticipated delivery order was competitively awarded with established ceiling labor rates and material/subcontractor burden rates. The Contracting Officer will use those rates to negotiate a fair and reasonable price.
6. Other facts supporting the justification for the exception to the fair opportunity process.
Considering the complexity of the repair and the short timeline for the start of the repair, any delay associated with providing fair opportunity for the USS ST. LOUIS repair will prevent the ship from deploying as scheduled. A delayed deployment could result in unfulfilled Global Force Management (GFM) commitments.
7. Actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.
As the root cause for the exception to fair opportunity was an unforeseen casualty identified through continued Open and Inspect processes, there is no specific barrier to remove. Analysis of the cause of the casualty may determine a course of action to prevent similar casualties from occurring in other ships, but it is premature to assume a class-wide issue exists.
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