J A_-_Redacted_Version.pdf

NCH 53.6-2 (MAR 2013)

23 Oct 2015 J&A Number: 16-001 Code: 450 P.R. Number: 3100022558

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I hereby approve as Competition Advocate for the Contracting Activity, the award of the contract described below using other than full and open competition pursuant to the authority of 10 USC 2304(c)(2).

1. Contracting Activity

The Contracting Activity is the Supervisor of Shipbuilding, Conversion and Repair Code 450 (SUPSHIP), USN, Groton, CT 06340.

2. Description of the Action Being Approved

This justification provides for limiting the source of the procurement to Electric Boat Corporation, Groton, CT.

3. Description of Supplies/Services

Electric Boat Corporation will dock the USS (redacted) in order for Portsmouth Naval Shipyard (PNSY) to perform emergent repair of the Main Ballast Tank (MBT) 4A during the period of 08 October 2015 - 06 November 2015. The request is specific and a unique nuclear submarine dry-docking for the USS (redacted). Contractor will also provide 28 laydays and support services.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

Fiscal Year 2015 O&MN funding was obligated in the amount of $953,894.

J&A Number: 16-001

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(2) Unusual and Compelling Urgency

5. Rationale Justifying Use of Cited Statutory Authority

Failure to immediately dry dock the USS (redacted) and repair the MBT 4A will significantly impact the vessel’s ability to submerge, thereby jeopardizing successful mission accomplishment. An urgent fleet message was provided by the Commanding Officer of the SSN (redacted) indicating that it could not complete mission taskings until the MBT 4A repairs are complete. The SSN (redacted) has fleet mission commitments in the weeks following completion of the MBT 4A repairs making completion of these repairs urgent.

Prior to docking the boat PNSY tried to repair the MBT 4A as a dockside repair, but could not continue due to concerns for diver safety. Electric Boat Corporation is the only source that can provide a drydock under such short notice.

Electric Boat Corporation is the only source capable of meeting the Government’s urgent requirement to perform drydocking and services to support repair of the USS (redacted) in order to meet the Navy’s 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 prepared as the Department of the Navy’s need for the specified services, which can only be provided by Electric Boat Corporation, is of such unusual and compelling urgency that the Government would be seriously injured if the time periods provided in FAR 5.203 were complied with.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined the cost to the Government for the supplies/services covered by the J&A are fair and reasonable. Similar requirements have been awarded to this vendor in the past with comparable pricing. The

Contractor provided a Certificate of Current Cost and Pricing dated 30 September 2015.

8. Market Survey

For reasons set forth in paragraph 5 and 6, market research was not conducted. The critical nature of the work required that it be started immediately.

9. Other Information

Normally the Government-Owned Contractor-Operated shippingport (ARDM-4) located on Naval Submarine Base New London, is utilized. In this instance, however, the ARDM-4 is unavailable for use due to structural problems with Pier 15.

10. Listing of Other Interested Sources

The requirement for synopsis was waived as noted in paragraph 6 above.

11. Future Plans to Permit Competition

There are no future planned actions that can be taken to overcome barriers to competition when emergent submarine requirements of this nature develop.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. _NA_, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

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

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

COMPETITION ADVOCATE APPROVAL:

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, 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)(__).

*Employee signatures are considered to be Personal Protected Information;

therefore, all signatures have been redacted. By posting this document, the Contracting Officer attests all appropriate signatures have been obtained.