Exception to Fair Opportunity Redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identify the agency and contracting activity.

This justification is executed by Military Sealift Command (MSC) Ship Support Unit (SSU), Guam.

2. Nature/description of the action/contract type.

The Government intends to negotiate a logical follow-on Delivery Order with Cabras Marine Corporation

(Cabras) for the USS FRANK CABLE (FCB) Cargo Elevator Repairs requirement. This requirement was initially contracted under General Ship Repair (GSR) Indefinite Delivery Indefinite Quantity (IDIQ)

Contract N32205-17-D-4904, Delivery Order N4044621F0059 for the vessel's November Voyage Repair

Availability (VRA). The VRA was awarded to Cabras, and included the annual inspection and System

Operational Test (SOT) Level III Certifications of Eight (8) Cargo Elevators and Five (5) Dumbwaiters by a certified National Association of Elevator Safety Authorities International (NAESA) Field

Representative. However unforeseeable major discrepancies on NR3, 5 and 8 elevators prevented this work item being fully accomplished before the VRA period of performance ended.

3. Description of supplies/services.

The follow-on Delivery Order will require the replacement of hoist wire ropes and disc brake assemblies and resume testing and certification of the aforementioned elevators under the direct supervision of a certified NAESA Field Representative. The follow-on Delivery Order will have a performance period of 01

– 28 February 2021. The estimated value of this requirement is $239,511.00.

4. Identification of the exception to fair opportunity.

In accordance with FAR 16.505(b)(2)(i)(C), this requirement will be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract and for which all GSR IDIQ awardees interested in the original VRA contract which included this work item were given a fair opportunity to be considered for the original order. Sourcing, including certified NAESA Field Representative requirements, where previously documented for this work item.

The FCB Annual Elevator Inspection and SOT III Certifications requirement was captured under Work

Item (WI) 0506 of the vessel’s November 2020 VRA, which was scheduled from 01 – 30 November 2020.

The VRA was procured using solicitation procedures for which all GSR IDIQ awardees were given a fair opportunity for award. The scope of work of WI 0506 included electrical and mechanical component inspection, and weight testing under the direct oversight of certified NAESA Field Service Rep.

During the inspection it was found that the condition of the hoist wire ropes and disc brake assemblies of

NR3, 5 and 8 Elevators were beyond normal wear and tear and would require immediate replacement. The materials required to replace the hoist wire ropes and disc brake assemblies have an 8 week lead time. As the USS FRANK CABLE is the Lead Maintenance Activity (LMA) to all submarines operating within the

Seventh Fleet Area of Responsibility (C7F AOR), it is determined to continue the inspection and weight testing up to the 50% capacity of each affected elevators in order to maintain support of the ship’s mission.

It is likely that award to any source other than Cabras would result in substantial duplication of cost to the

Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency's requirements. Such costs primarily include redundancy of annual inspection and SOT III certifications, as well as, the time required for Government personnel to solicit and evaluate proposals received under a competitive procurement.

5. Determination by the ordering activity Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates that the proposed price will be fair and reasonable by comparing with the previous price paid under the FCB VRA. The previous price was determined fair and reasonable based on comparison of proposed prices received in response to the solicitation and the IGE. If required, the

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JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Contracting Officer will also utilize other price analysis techniques under FAR 15.404-1(b)(2). The

Contracting Officer will not proceed with award of the Delivery Order unless the proposed price is determined fair and reasonable.

6. Any other facts supporting the justification.

All supporting facts are provided in Section 4.

7. Statement of actions to remove or overcome barriers to exception to fair opportunity.

The Government does not anticipate further exceptions to fair opportunity. The contracting activity will ensure that fair opportunity is provided for all subsequent requirements that fall within the scope of the

GSR IDIQ contracts.

CERTIFICATIONS AND APPROVAL

Technical/Requirements Cognizance:

I certify that any supporting data that is my responsibility and which forms a basis for this Justification are complete and accurate.

Arsenio Quejado 671 339-5342 01Dec2020

Signature Name (Printed) Phone No. Date

Contracting Officer/Approving Official (below $750,000)

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

Signature Name (Printed) Phone No. Date

Christina Cortez 671-339-3046 02-Dec-2020

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