JA 107N Redacted.pdf

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Attached to
USS GUNSTON HALL J&A RCC 107N
Solicitation number
N50054-26-116
Issued by

About this file

This is a Justification and Approval for Use of Exception to Fair Opportunity (J&A), issued by the Department of the Navy's Mid-Atlantic Regional Maintenance Center (MARMC) for a non-competitive procurement under FAR 16.505(b)(2)(i)(A).

The procurement involves awarding additional work under an existing Firm Fixed Price (FFP) Delivery Order (Order No. N5005426FL001) to East Coast Repair on a non-competitive basis. The work addresses critical maintenance requirements for the USS GUNSTON HALL (LSD-44) and includes replacement of Main Drainage piping identified in Request for Contract Changes (RCC) 107N Work Item 529-11-004. The work scope involves removal of damaged piping, installation of replacement piping, and testing to ensure proper operation of the Main Drainage system. East Coast Repair has been selected as the sole source due to possessing required equipment and being the only company capable of meeting the Government's immediate requirements within the allocated performance period. The estimated cost is based on historical data and Independent Government Estimate (IGE) calculations, with labor rates and material burden rates determined to be fair and reasonable. The statutory authority cited is FAR 16.505(b)(2)(i)(A), justified on the basis that the agency's need for these services is so urgent that providing a fair opportunity would result in unacceptable delays. The justification notes that market research was not conducted due to the critical and time-sensitive nature of the work, and future similar acquisitions will be reviewed on a case-by-case basis to promote full and open competition where practicable.

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J&A Number: N50054-26-116

NCH 53.6-2

item is based upon historical data as well as the Independent Government Estimate (IGE) and the (PM) technical knowledge associated with the estimated man hours and material 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 justification, are complete and accurate to the best of my knowledge and belief.

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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