3N_JA_Approved_Redacted.pdf

J&A Number:

N55236230091

DEPARTMENT OF THE NAVY

SOUTHWEST REGIONAL MAINTENANCE CENTER

3755 BRINSER ST STE 1

SAN DIEGO, CA 92136-5299

Code 430A Contract Number: N00024-23-C-4407 Date: 25 August 2023

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. CONTRACTING ACTIVITY

The Naval Sea Systems Command, Southwest Regional Maintenance Center (N55236), Contracting Department Code 430A, 3755 Brinser Street, Suite #1, San Diego, CA 92136-5299. Contracting ACO:

Jonathon Mata, jonathon.mata@navy.mil

2. DESCRIPTION OF THE ACTION BEING APPROVED:

Sole source contract action is to add one (1) New Work Item at a Firm Fixed Price to National Steel and Shipbuilding Company (NASSCO) under N00024-23-C-4404, USS MAKIN ISLAND (LHD 8) Fiscal Year 2023 (FY23) Selected Restricted Availability (SRA).

Work Item to be incorporated:

163-11-001; Overboard Discharge Pipe; repair.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. New Work Item 163-11-001; Overboard Discharge Pipe; repair.

b. Total Estimated Value: Funding will be FY23 OPN

c. The window of opportunity to accomplish the work is The USS MAKIN ISLAND FY23 SRA start of the availability is d.

technical and requirements personnel.

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 (b)(B) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 this authority applies in those situations where the supplies or services required by the agency are available from only one responsible source, or, from only one or a limited number of responsible sources, and no other type of

J&A Number:

N55236230091 supplies or services will satisfy agency requirements, full and open competition need not be provided for. This availability is the last opportunity to complete this upgrade prior to deployment and this work is needed to fulfill required operational capability.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY.

Request for Contractor Change (RCC) 3N was issued to correct Departure from Specification (DFS) currently in place and repair the Overboard Discharge Pipe. After 100% package lock and during deployment (SF) discovered flooding had occurred in NR2 MMR due to erosion of overboard discharge pipe assembly end plate. SF performed a temporary repair on the piping with an approved DFS. RCC 3N is written to repair the Overboard Discharge Pipe and permanently correct the temporary minor non-conformance in place. This work item requires the contractor to remove and dispose of system fluids from equipment, remove, fabricate and install new material, chip and grind each surface flush in way of each repair and accomplish nondestructive testing.

This work should not impact operational schedule or future execution key events. However, without this work, the DFS will expire and the existing internal surface wear will likely cause further erosion to the point where further repairs will need to be conducted, resulting in potential compromised vessel safety and flooding hazard. Therefore, the repair is best suited to be accomplished during this window of opportunity.

RCC 3N was issued to the Contractor for pricing on . NASSCO submitted a Change Order Pricing Analysis (COPA) for on . The Government and NASSCO intend to negotiate this RCC, and the SWRMC ACO intends to settle this new work at a fair and reasonable price based on the Contractor ensure the Contractor invokes the installation through the end date of this availability.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY

OFFERORS AS PRACTICABLE:

The original contract was awarded competitively in which NASSCO was the selected awardee.

During this window of maintenance no other source can without a significant impact to the availability completion schedule. The potential negative impact to the existing availability schedule associated with open competition of the RCC largely stems from the extensive period of time required to support open competition of the work. If competition is not limited, the requirement would have to be solicited for 30 days and would require up to 30 days to award.

An impact to the availability completion schedule would pose a serious risk to mission readiness. It also poses a risk for financial injury to the Government due to additional costs with the duplication of support services such as the Project Management Office (PMO) and temporary services. NASSCO is uniquely positioned to perform the work on the ship at NASSCO shipyard, and it is impracticable for another company to perform these support services.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer has determined that the anticipated cost to the Government of this acquisition will be fair and reasonable based on cost and price analysis to be conducted pursuant to FAR Part 15.

In addition, technical analysis will be performed with the Project Manager to ensure the proposed labor hours, material cost, and subcontractor cost correspond with the expected cost or Independent Government Estimate (IGE). The basis of estimate for the IGE was developed utilizing the SWRMC Estimating Guide and the Ship Building