JA 49N_Redacted.pdf
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- J&A WIC System
- Solicitation number
- N50054-26-034
About this file
This is a Justification and Approval for Use of Exception to Fair Opportunity document issued by the Department of the Navy's Mid-Atlantic Regional Maintenance Center (MARMC) in Norfolk, Virginia. The document justifies awarding additional work under a Firm Fixed Price (FFP) Delivery Order (Order No. N5005426FL002) to BAE Systems on a non-competitive basis for critical repairs to the USS KEARSARGE (LHD-3). The additional work involves repairs to the Wireless Interior Communications System (WICS) equipment, identified through Request for Contract Changes (RCC), with work to commence immediately under the Continuous Maintenance Availability (CMAV) contract. The contracting activity references approval under FAR 16.505(b)(2)(i)(A), citing urgent agency need that would result in unacceptable delays if fair opportunity were provided.
The justification establishes that BAE Systems is the sole contractor capable of meeting immediate requirements due to possession of required equipment and specialized knowledge for USS KEARSARGE (LHD-3) WICS repairs. The document confirms fair and reasonable cost determination based on historical data, Independent Government Estimate (IGE), and Project Manager technical knowledge, with contractor's fully burdened ship repair labor rates and material costs previously validated at contract award. Market research was not conducted due to the critical, time-sensitive nature of the work. The Contracting Officer certifies approval of the non-competitive award, while noting that future similar acquisitions will be reviewed case-by-case to promote full and open competition where practicable under the multiple delivery-order contract.
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Text version
J&A Number: N50054-26-034
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 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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