J_A_123N_Redacted.pdf

U

NITED STATES OF AMERIC

A

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

9727 AVIONICS LOOP

NORFOLK VA 23511-2124

J&A Number: N50054_18_061

CODE: 431

P.R. Number: 1300679045

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, field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF ACTION BEING APPROVED

This justification provides for limiting the source of the procurement to BAE Systems Norfolk Ship Repair (BAE-NSR) as an exception to full and open competition. The additional work covered by this J&A will be awarded under contract N00024-18-C-4403, a Firm Fixed Price contract which was competed on a coast-wide basis (East and Gulf Coasts).

3. DESCRIPTION OF SUPPLIES/SERVICES

The work to be performed pursuant to this procurement consists of the provision of temporary off-ship messing and berthing modular units for USS TORTUGA (LSD-46) in accordance with Work Specification Item (WI) 857-11-001. The procurement will be funded using Fiscal Year 2018 Operations and Maintenance, Navy (OM&N) funds in the amount of approximately $615,731. The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The work must begin no later than 1 March 2018 and be completed by 30 August 2018, and must be integrated with the existing work package.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority for this procurement is 10 U.S.C § 2304(c)(2), Unusual and Compelling Urgency.

5. RATIONALE JUSTIFYING THE USE OF CITED STATUTORY AUTHORITY

Due to USS TORTUGA (LSD-46) operational schedule, an unusual and compelling urgency precludes procurement of the above referenced work through full and open competition.

J&A Number: N50054_18_061

BAE-NSR was awarded contract N00024-18-C-4403 on 14 November 2017 to furnish the material, support and facilities and provide the management, technical, procurement, production, testing and quality assurance necessary to prepare and accomplish the repair and alteration of the FY18 USS TORTUGA (LSD-46) Modernization Period (MODPRD) Chief of Naval Operations (CNO) Availability, avail code L7C1.

AE-NSR is the only company able to meet the Government’s urgent requirement to provide messing and berthing facilities under such short notice, during the current MODPRD, in order for the USS TORTUGA (LSD-46) to meet its fleet mission commitments.

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

OFFERORS AS PRACTICABLE

In accordance with FAR 5.202(a)(2), a synopsis has not been issued for the supplies and services described herein. Due to the determination that the nature of this work is of such unusual and compelling urgency, the Government would be seriously injured unless the number of sources from which offers are solicited is limited.

7. DETERMINATION OF FAIR AND REASONABLE COSTS

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. The estimated cost of this work item is based upon past history related to this work requirement as well as prices proposed for this requirement by BAE-NSR when it submitted a proposal for contract N00024-18-C-4403. The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.

8. ACTIONS TO REMOVE BARRIERS TO COMPETITION

For reasons set forth in paragraphs 5 and 6 above, 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 COGNIZANCE 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 Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR 6.303-2(a)(12), FAR 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 the Contracting Officer, the award of the proposed procurement using of other than full and open competition, pursuant to the authority of 10 U.S.C. § 2304(c)(2).

Signature Name (Print) and Title (Code) Phone No. Date

MILLER.GLORIA.L.110

9483814

Digitally signed by MILLER.GLORIA.L.1109483814 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MILLER.GLORIA.L.1109483814 Date: 2018.02.16 12:47:10 -05'00'