B02.3 N4523A_21-12JA_Redacted.pdf

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

AND INTERMEDIATE MAINTENANCE FACILITY

1400 FARRAGUT AVENUE STOP 2090

BREMERTON WASHINGTON 98314-2090 IN REPLY REFER TO:

J&A Number: 21-12JA

Code:

PR Number: N4523A21RC17581

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS&IMF), Specialty Contracting Branch, Code , Puget Sound, Bremerton, WA (FAR 6.303-2(b)(1)).

2. Description of Action Being Approved This requirement for approval is a Firm-Fixed Priced Indefinite Delivery Indefinite Quantity contract utilizing Simplified Acquisition Procedure for Certain Commercial Items (FAR Subpart 13.5). This requirement will be Sole Sourced to RHD Enterprises Inc., a Woman Owned Small Business (WOSB) (FAR 6.303-2(b)(2)). This requirement is defined in Acquisition Planning Management and Oversight Process for the Acquisition of Services-Streamlined (MOPAS-S) document 21-08-AS (NCH 6.303-2).

3. Description of Supplies/Services PSNS & IMF has several dry docks to accomplish repairs to US Navy Vessels. one of these dry docks, does not have mechanized stairs or elevators. The basic purpose of the dry dock is flooding the dry dock to accept the vessel; drying it for maintenance/repair of the vessel;

and re-flooding to release the vessel. To provide effective and efficient movement of personnel in the dry dock, it is determined that this requirement shall provide for the installation, leasing and removal of 2 temporary elevators to be installed while the dry dock is dry, and be removed before the dry dock is re-flooded after the maintenance/repair to a vessel is completed.

Additionally, as part of this requirement, due to stringent Environmental and Safety standards required for temporary seismic structures, a design shall be submitted by the contractor for approval prior to installation. This anticipated contractual action shall provide leased personnel elevators for the entirety of dry docking availability. The Government’s minimum needs as described herein have been verified by the certifying technical and requirements personnel.

The ceiling value for this anticipated contract will be the final negotiated price of leasing two elevators for a period of up to 18 months plus the installation (including design) and deinstallation (removal) costs. It is anticipated that these items shall be accomplished through multiple separate task orders placed with current FY appropriate OM&N funds type. The Independent Government Estimate for this action estimated the total amount, based upon previous contract history including . In accordance with NCH 6.303-2, the Contracting Officer estimates the range of this actions

The ordering period for this action will be two years and the anticipated total cumulative task orders period of performance:

Design Submittal and Approval (Inclusive of Revisions) 2 Months (60 days) Installation 14 Days Leased Period 18 Months Removal and De-Installation 14 Days Cumulative Task Order’s Period of Performance 21 Months (1 year 9 Months)

(FAR 6.303-2(b)(3) & NMCARS 5206.303-2(b)(9)(iv))

4. Statutory Authority Permitting Other Than Full and Open Competition 10 U.S.C. 2304(c) (5) and 15 U.S.C. 637(m) IAW FAR 13.5 and FAR 19.1506(b). Authorized or Required by Statute.

5. Rationale Justifying Use of Cited Statutory Authority Market research demonstrated there is only one small business who is also a WOSB capable of performing this requirement.

Per FAR 19.1506(b) A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole source basis (see FAR 6.302-5(b)(7)) before considering small business set-asides (FAR 19.203 and FAR SubPart 19.5) provided none of the exclusions at FAR 19.1504 apply. None of the exclusions at FAR

19.1504 apply to this requirement and RHD meets all requirements of FAR 19.1506(b). Based upon the historical contract actions, the results of market research, including the Sources Sought Posting results, it is believed that RHD Enterprises is the only technically capable small business.

Furthermore; it is found that RHD is a WOSB and shall be considered for award on a sole-source basis. (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Solicit Offers from as Many Offers as Practicable A Sources Sought was posted to the Government Point of Entry on 10 March through 25 March 2021. One response was received. The responding company, RHD Enterprises, Inc. was found to be a Woman Owned Small Business (WOSB) and Economically Disadvantaged Woman Owned Small Business (EDWOSB) as self-represented in SAM.gov. RHD’s representation under the Dynamic Small Business Search does not show that they have been certified by the Small Business Administration (SBA) yet; notwithstanding, in coordination with the SBA and the Small Business Deputy it has been found that the SBA has certified RHD as a WOSB Concern.

(See Contract File: “FOUO B02.1 Certification as a Woman Owned Small Business (WOSB)”).

In accordance with CD 2021-O0002 Revision 1, RHD WOSB status will be verified in the Small Business Dynamic Search prior to award (FAR 6.303-2(b)(10)).

IAW FAR Part 10, market research has determined sole sourcing to RHD Enterprises, Inc. is the best path forward to meet the requirement and meet FAR 19.1506(b) regulations.

In accordance with FAR 19.1506, market research revealed that there is no reasonable expectation that two or more WOSB concerns, nor any other socioeconomic categories of Small Business concerns, will submit offers for this procurement. (FAR 6.303-2(b)(6)) & (FAR 6.303- 2(b)(8)).

7. Determination of Fair and Reasonable Cost PSNS&IMF has significant previous pricing history for this type of requirement as well as the development of an Independent Government Estimate. The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable. (FAR 6.303-2(b) (7)).

8. Actions to Remove Barriers to Future Competition The Government will continue to conduct market research and sources sought notices for future requirements to confirm that there are no new WOSBs or other socio-economic category companies interested and capable in competing.

Additionally, is submitted to construct permanent multiple elevators in multiple dry docks and is prioritized for fiscal funding with contract award in

. (FAR 6.303-2(b)(11)).

TECHNICAL/REQUIREMENTS OF CERTIFICATION (FAR 6.03-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Project Manager Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Associate Counsel C/107 Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b) (12))

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

Contracting Officer Date

COMPETITION ADVOCATE CERTIFICATION:

Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1) and (FAR 6.304(a)(2)).

Dwin Crow Competition Advocate Date

Digitally signed by

Date: 2021.04.27 09:40:09 -07'00'

Digitally signed by

Date: 2021.04.27 09:49:58 -07'00'

Digitally signed by

Date: 2021.04.27 10:03:41 -07'00'

CROW.DWIN.CHA

RLES.

Digitally signed by

CROW.DWIN.CHARLES.

Date: 2021.04.30 07:47:36 -07'00' 4/30/21

4/27/21

4/27/21

4/27/21