JA 103N Redacted.pdf

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USS GUNSTON HALL J&A RCC 103N
Solicitation number
N50054-26-102
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This is a Justification and Approval for Use of Exception to Fair Opportunity document (J&A) issued by the Department of the Navy's Mid-Atlantic Regional Maintenance Center (MARMC) in Norfolk, Virginia.

The document justifies awarding additional work on a non-competitive basis under Delivery Order N5005426FL001 to East Coast Repair and Fabrication for critical repairs to the USS GUNSTON HALL (LSD-44). The work involves repair of a Slewing Arm Davit (SLAD) shock absorber assembly as part of the ship's Continuous Maintenance Availability (CMAV) program under contract SSP TPPC-LSD44-MARMC26-S001. The statutory authority cited is FAR 16.505(b)(2)(i)(A), which permits non-competitive procurement when agency needs are so urgent that fair opportunity would cause unacceptable delays. The justification establishes that providing fair opportunity would delay the schedule by at least 30 days and that East Coast Repair and Fabrication is the only company with the required equipment and capability to perform the repairs within the allotted performance period. The work must commence immediately and be completed within a specified timeframe. The Contracting Officer determined that costs based on historical data, Independent Government Estimate (IGE), and the Project Manager's technical knowledge are fair and reasonable. The document includes certifications from the technical/requirements specialist, legal counsel, and the Contracting Officer approving the non-competitive award.

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J&A Number: N50054-26-102

NCH 53.6-2

material burden rate were determined to be fair and reasonable at time of contract and delivery order award. The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.

7. ACTIONS TO REMOVE BARRIERS TO COMPETITION

For reasons set forth in paragraph 5 and 6, market research was not conducted. The critical nature of the work requires that it is 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 under this multiple delivery-order contract, where possible and practicable in accordance with FAR Subpart 16.5. In addition, a copy of the change(s) covered by this justification will be forwarded to 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 CERTIFICATION (FAR 16.505(b)(2)(ii)(B)(9):

I certify that the facts and representations under my cognizance, which are included in this

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient

(Phone)

COMBINED CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR

16.505(b)(2)(ii)(C):

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 Contracting Officer, the award of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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