ESSEX_FY25_ERAV_EFOM.pdf

Exception to Fair Opportunity Template Update MAY 2024

Adding this work item to the existing ERAV under IMS is in the best interest of the Government to complete the scheduled availability on time with IMS support services already in place.

Opening this requirement for solicitation will result in further delays of at least to the schedule and interfere with the current contractor accomplishing its work and affect milestones, putting the Availability Completion date at risk, which affects multiple other Essex availabilities and other ships’ schedules. If this work is not accomplished quickly, Sea Trials will be at risk and will not be met due to inability to adequately provide crew food stores, even with an avail extension. The Contracting Officer reviewed the justification and determined it to be accurate and complete to the best of her knowledge and has determined that the anticipated cost to the Government is fair and reasonable.

d. It is necessary to place an order to satisfy a minimum guarantee.

e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

5. Determination of Fair and Reasonable Cost.

A thorough review and analysis of the price and scope of IMS’ COPA for RCC 5N has been conducted by the Project Manager (PM) and the Maintenance Team (MT), then verified by the Contracting Officer. The ACO used price analysis, cost element analysis, and technical analysis to find the labor hours, materials and schedule fair and reasonable in accordance with FAR 15.404-1(b)(2)(i), FAR 15.404-1(b)(2)(ii), FAR 15.404-1(c)(2)(i)(A), and FAR 15.404-1(e).

6. Any Other Facts Supporting the Justification.

This Delivery Order has already been solicited to MAC IDIQ contract holders, and all were provided the opportunity to submit their proposals. IMS, with this awarded contract, is contracted to provide services to the ship while docked in . Competing this requirement would result in duplication of temporary services and project management costs that would likely exceed any cost savings from a potentially lower bid. Given the nature of the solicitation, the urgency and current ship location, award to the current contractor can satisfy the Agency’s requirement and will not result in serious injury to the government. A notice in accordance with FAR Subpart 16.505 will be publicized in accordance with FAR 16.505(b)(2)(ii)(D).

7. Actions Taken to Remove or Overcome Barriers that Led to the Exception to Fair Opportunity.

Upon discovery of the required freeze box overhead insulation replacement, discussions were commenced with Government leadership to analyze the best course of action given the Availability’s schedule and the available options. Based on the limited time remaining in the ERAV and DSRA repair schedules, the Government determined that there was not sufficient time to compete the new work, as this would take a minimum of to receive an awarded contract.

Due to the high likelihood of a higher cost to the government and unacceptable timeframes outside the awarded availability schedule, it is in the Government’s best interest to incorporate this new work into the existing ERAV.

TECHNICAL AND REQUIREMENTS CERTIFICATION

Exception to Fair Opportunity Template Update MAY 2024

FAR 16.505(b)(2)(ii)(c)(2) – Review due to action exceeds $750,000.00

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

Signature:

COMPETITION ADVOCATE or HEAD OF PROCURING ACTIVITY

FAR 16.505(b)(2)(ii)(c)(2) - Approval if action is between $750K through $15M

FAR 16.505(b)(2)(ii)(c)(3) - Review if action exceeds $15M

HEAD OF THE CONTRACTING ACTIVITY

FAR 16.505(b)(2)(ii)(c)(3) - Approval if action is between $15M through $100M

FAR 16.505(b)(2)(ii)(c)(3) - Review if action exceeds $100M