CTH RCC 656N JA 1.pdf

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

Contracts Department 9727 Avionics Loop Norfolk, VA 23511-2124

J&A Number: N50054-26-051 Code: 332

P.R. Number: N00024-24-C-4414

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. CONTRACTING ACTIVITY

The Contracting Activity is the Mid-Atlantic Regional Maintenance Center (MARMC), United States Navy USN, Norfolk, Virginia, a field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF THE ACTION BEING APPROVED

This justification provides for the procurement of additional work under Contract Number:

N00024-24-C-4414 awarded to BAE Systems.

3. DESCRIPTION OF THE SUPPLIES/SERVICES

The work to be performed pursuant to this procurement may be described as follows:

Accomplish pumping and cleaning of NR2 Ship Service Diesel Generator (SSDG); open and inspect in accordance with work item 123-10-002 (RCC 656N). The procurement will be funded utilizing Fiscal Year 2024 Operation and Maintenance, Navy (O&MN) funds, for an estimate of $94,672.74. The Government’s minimum needs have been verified by the certifying technical and requirements personnel. Under contract N00024-24-C-4414, the work must commence no later than 11 March 2026 and be completed by 17 March 2026, and must be integrated into the existing work package.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

The regulatory authority for this procurement is 10 U.S.C. 3204(a)(2) and FAR Subpart

6.302-(b)(1)(2) unusual and compelling urgency. The agency’s need to meet the requirement pump, clean and refill NR2 SSDG sump and Lube oil tank with oil is so urgent that delay in integration of the new work would result in serious injury and unacceptable delays.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

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J&A Number: N50054_26_051

BAE Systems was awarded contract N00024-24-C-4414 on 29 April 2024 to accomplish the FY24 Docking Selected Restricted Availability onboard USS CARTER HALL (LSD 50). USS CARTER mission is to transport and deploy Marine personnel, landing craft, vehicles, and cargo using landing craft and helicopters in support of military and humanitarian assistance operations. The LSD class of ship acts as an invaluable component to a joint Navy-Marine expeditionary unit (ARG/MEU). NR2 SSDG sump and Lube Oil tank require pumping. Ship’s force was adding oil to the sump of NR2 Ship Service Diesel Generator and discovered indications of harmful H2S gases that was verified by the use of a Gas Analyzer. This has created an Immediately Dangerous to Life or Health environment when opening the sump access. This danger poses a risk to personnel breathable air and would be fatal if ingested. This discovery must be addressed as soon as possible. The NR2 Ship Service Diesel Generator requires and Lube Oil storage tank requires ventilating, gas free, pumping and cleaning to remove all contaminants. Once complete replenish with new Shell 40W oil. NR2 Ship Service Diesel Generator has had center section overhaul completed and can not proceed to testing until this causality has been corrected. Contractor Bearing run-ins and electrical load bank testing of this generator can not proceed until this work is accomplished. The work identified in this RCC must be completed or the ship’s electrical plant will be severely degraded.

Due to USS CARTER HALL (LSD 50) condensed maintenance schedule, and the unusual and compelling urgency, using Full and Open Competition would result in an unacceptable delays. The work must begin no later than 11 March 2026, be completed by 17 March 2026, and must be integrated into the existing work package under Contract N00024-24-C-4414 in order to support Production Completion Date and avoid disruption to testing other systems in the base work package. A competitive award would take approximately 45 days. There would be a minimum of 10 days to prepare the solicitation, and 30 days to post the Request for Proposal (RFP) on FedBizOpps as required by DFARS 215.371-2, and an additional 5 days to analyze the proposals and provide debriefings to unsuccessful offerors. Failure to accomplish this work would be unacceptable and cause serious injury to the government as it would impair the, post-DSRA operational commitments and follow on deployment.

BAE Systems is the only company that is able to perform this work under short notice during the current availability and is capable of meeting the Government’s requirement to perform this work and allow USS CARTER HALL (LSD 50) to meet its fleet mission commitments.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OTHER OFFERS

In accordance with FAR 5.202(a)(2), a synopsis has not been issued for the supplies and services described herein due to the current contract limiting the number of sources from which bids or proposals can be solicited as the USS CARTER HALL (LSD 50) is physically located within BAE shipyard prohibiting another contractor’s crane access.

7. ACTIONS TO REMOVE BARRIERS TO COMPETITION

J&A Number: N50054_26_051

For reasons set forth in paragraphs 5 and 6, market research was not conducted. The critical nature of the work required that it be started immediately. Future acquisitions for similar work will be reviewed by the Contracting Officer on a case by case basis to promote the use of full and open competition in the acquisition process where possible and practicable in accordance with FAR Part 6. In addition, a copy of the change(s) covered by this justification will be forwarded to MARMC Code 200, Planning and Engineering, and Code 300, Waterfront Operations for consideration of similar work requirements in future solicitations.

CERTIFICATIONS AND APPROVAL

COMBINED TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c)):

I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Signature: _____________________________________ Date: ________________

Print: (Name) William Bryan Garrett (Title) Project Manager (Code) 332 (Phone) 757- 837-9197

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

Signature: _____________________________________ Date: ______________

Print: (Name) Margaret Reach (Title) Associate Counsel (Code) C-100C (Phone) 757-400-

COMBINED CONTRACTING OFFICER CERTIFICATION AND APPROVAL

(FAR 6.303-2(b)(12), 6.304):

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 Contracting Officer, 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)(2).

Signature: _____________________________________ Date: ______________

Print: (Name) Sean Breaux (Title) Contracting Officer (Code) 422.1 (Phone) 757-837-nicole.adams1 Rectangle nicole.adams1 Rectangle