J and A.pdf

DEPARTMENT OF THE NAVY

PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH, NH 03804-5000 IN REPLY REFER

TO:

Ser 410-011 J&A Number: PL-2004 Code: 410

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The Contracting Activity is the Contracting Division (Code 410), Portsmouth Naval Shipyard (PNS), Kittery, ME. The requiring activity is Portsmouth Naval Shipyard, Kittery, ME.

2. Description of the Action Being Approved

Award of a sole source, firm-fixed price contract to CEPEDA Associates, Scrubbers and Burners CO/H2 Repair for

3. Description of Supplies/Services

The proposed contract provides for the Original Equipment Manufacturer (OEM) to provide services to accomplish repairs to the CO2 Removal Plants. Contractor shall remove existing CO2 Removal Plant equipment installed shipboard. Contractor shall disassemble and reassemble as required to facilitate offloading. Work will be in accordance with Scrubber Technical Manual NAVSEA S9515-AK-MMO-010 and RI 5320-012- 0668, Burner Technical Manual NAVSEA S9515-AS-MMO-010 and RI 5320-021-0658. Shipboard testing shall be in accordance with HM&E Tests 532-5228 and 532-5208. Accomplish the following repairs listed in SWLIN 532A02 of the WORK PACKAGE INITIAL ISSUE for each:

Scrubbers:

(a) Install refurbished boiler assemblies.

(b) Install new MEA heat exchangers.

(c) Install new level control system.

(d) Install refurbished control panels.

(e) Install new heater boxes.

J&A Number: PL-2004

SOUCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

(f) Refurbished float valves.

(g) Refurbished (5)hp Motor and Pulley.

(h) Replace hoses.

(i) Replace ground straps.

(j) 2 stage compressor.

(k) Install (3)hp Motor and MEA Pump.

(l) Repair machinery mounts MEA and Comp Bed.

Burners:

(a) Install refurbished bypass ducts.

(b) Install refurbished (2)hp motors.

(c) Install refurbished heater boxes.

(d) Install refurbished control panels.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 (Only one responsible source and no other supplies or services will satisfy agency requirements).

5. Rationale Justifying Use of Cited Statutory Authority

Use of FAR 6.302-1 is appropriate when supplies or services are available from only one reasonable source that will satisfy agency requirements. This authority permits limiting the number of sources solicited by not soliciting this requirement on a full and open competition basis.

CEPEDA Associates is the Original Equipment Manufacturer (OEM) and owns the proprietary data – including drawings, material specifications/measurements, and processes -required to repair the CO/H2 Scrubbers and Burners System.

Said data, which is neither possessed by another vendor nor available to the Government, is critical to ensuring that the system is repaired in accordance with the Statement of Work.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Pursuant to FAR 5.201, a Sources Sought Notice was posted on the Government-wide Point of Entry (GPE) BetaSam on 26 June 2020. Said notice, which sought vendors with the capability to repair the CO/H2 Scrubbers and Burners Systems aboard a Los Angeles Class submarine, prescribed the following: “This sources sought notice is a market research tool being

J&A Number: PL-2004

SOUCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

utilized to identify potential and eligible firms capable of providing these services prior to determining the method of acquisition and issuance of a Request for Proposal (RFP). As such, all interested parties are encouraged to respond.

Information received will be considered solely for the purpose of determining whether or not to conduct a competitive procurement. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.” The Sources Sought Notice garnered no responses.

7. Determination of Fair and Reasonable Costs

The Contracting Officer anticipates that the cost to the Government for the items covered by this J&A will be fair and reasonable. The Contracting Officer will use cost analysis, including historical cost estimating relationships from previous procurements, to determine that the final price to the Government is fair and reasonable. Assistance from the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA) may be utilized to analyze, evaluate, and negotiate based upon detailed cost and/or pricing data at the conclusion of negotiations.

8. Actions to Remove Barriers to Competition

Barriers should be reviewed at the time ships are built;

i.e. whether component(s) being installed shipboard will remain proprietary to the OEM.