JA 95N_MOBILE -Redacted.pdf

J&A Number:

N00024-24-C-4408

DEPARTMENT OF THE NAVY

SOUTHWEST REGIONAL MAINTENANCE CENTER

3755 BRINSER ST STE 1

SAN DIEGO, CA 92136-5299

Code: 440A Contract Number: N00024-24-C-4408

Date: 14 May 2025

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. CONTRACTING ACTIVITY

The Naval Sea Systems Command, Southwest Regional Maintenance Center (N55236), Contracting Department Code 440A, 3755 Brinser Street, Suite #1, San Diego, CA 92136-5299. Contracting ACO: Jacob Fox, Jacob.w.fox.civ@us.navy.mil

2. DESCRIPTION OF THE ACTION BEING APPROVED:

Sole source contract action is to add one New Work Item at a Firm Fixed Price to BAE Systems San Diego Ship Repair Inc. (BAE) under Contract N00024-24-C-4408 awarded for USS MOBILE (LCS 26) Fiscal Year 2025 (FY25) Docking Selected Restricted Availability

(DSRA).

Work Item to be incorporated:

a. 508-12-001; Mold Remediation; accomplish.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. Work Items 508-12-001

b. Total Value: . Funding will be FY25 OPN-TYCOM.

c. The work will begin 21 May 2025, or as soon as authorized to place on contract and be completed by 21 November 2025. The USS MOBILE (LCS 26) FY25 DSRA start of the availability is 04 December 2024 with a Delivery Date of 21 November 2025.

d. The Government’s minimum needs have been certified as complete and accurate by the technical and requirements personnel.

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. § 3204 (a)(2) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1– this authority applies in those situations where only one responsible source and no other supplies or services will satisfy agency requirements and precludes full and open competition, and delaying in award would result in serious injury to the Government. This availability is the last opportunity to complete this upgrade during the ships availability window and this work is needed to fulfill required operational capability.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY.

Request for Contract Change (RCC) 95N was generated to accomplish a Mold remediation in support of the USS MOBILE (LCS 26) Fiscal Year 2025 (FY25) DSRA. Ship’s force had identified the mold during deployment after the package and supplemental were complete, but notified the Government once the DSRA had begun. This emergency work was not part of the original DSRA package and not relative to work being performed in the package. However, there is an impactful health risk to the crew due to the exposure of Black Mold. Without accomplishment of this work, ship’s force’s health can be at risk, and the heads will not be able to be utilized when the crew move aboard. There is still sufficient time within this DSRA to complete this new work and completing now would alleviate duplication of costs and overlapping repair schedules. During this window of maintenance availability, no other source can satisfy the Agency’s requirements without a significant impact to the availability milestones and completion schedule. An impact to the availability completion schedule would pose a serious risk to mission readiness and war fighting capabilities of the USS MOBILE (LCS 26).

During this window of the DSRA, no other source can satisfy the Agency’s requirements without a significant impact to the availability completion as scheduled. The estimated time frame for completion of these repairs is eight (8) months. The timeline to re-solicit does not support the completion of work prior to the Production Complete (PCD) Milestone 28 August 2025.

If competed, the timeline for solicitation is projected as follows: Development of Requirements Package due to contracts by May 2025, Solicitation/Request for Proposal (RFP), Respond to Preproposal Inquiries (PPI) and submit required Solicitation Amendments (1-15 June 2025), Receipt and Evaluation of proposals by June 2025 and execute Contract Award by July 2025. Thus, the required work would commence July at the earliest, and given the six weeks estimated for completion, the work will end in September 2025. For every day the RCCs are not authorized on contract, it has the potential to impact the scheduled ship training leading to end of avail, therefore, creating a day-to-day delay in schedule. As outlined above, soliciting this requirement to provide full and open competition would result in unacceptable delays and prevent completion of the work prior to the delivery date of 21 November 2025. Any delay will impact the milestones and key events in support of the end of availability, and deployment readiness.

This work needs to be accomplished by the Production Complete Date of 28 August 2025 in order for the ship to meet its operational and testing requirements that are scheduled after the DSRA. For every day this RCC is not on contract, it has the potential to cause a day-to-day delay in the established milestones and potentially the delivery date. Timely completion of this work is critical.

Failure to complete the repairs by the Production Complete Date will prevent the ship from achieving certification and accomplishing training to be mission ready. BAE has the means to incorporate the scope of work in RCC 95N without significant delays or duplication of costs. By repairing these deficiencies, we can mitigate the risk of further damage and ensure the integrity and longevity of the associated systems.

RCC 95N was sent to the Contractor on 30 January 2025, and an acceptable proposal was received on 04 March 2025 for a total price of .

Revised RCC 95N was sent to Contractor on 01 May 2025, and an acceptable proposal was received on 07 May 2025 for a total price of .

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY

OFFERORS AS PRACTICABLE:

The original contract was awarded competitively in which BAE was the selected awardee and this work was not on contract under the award. During this window of maintenance availability no other source can satisfy the Agency’s requirements without a significant impact to the availability completion schedule. BAE is uniquely positioned to perform the work as the ship is currently under repair by BAE at their shipyard undergoing a Docking Selected Restricted Availability (DSRA), and it is impracticable for another company to perform these support services concurrently with other ongoing repairs currently being completed by BAE. A publication will be posted in accordance with FAR 5.201 once the RCC is settled.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer has determined that the anticipated cost to the Government of this acquisition will be fair and reasonable based on cost and price analysis to be conducted pursuant to FAR Part 15. In addition, technical analysis will be performed with the Project Manager to ensure the proposed labor hours, material cost, and subcontractor cost correspond with the expected cost or Independent Government Estimate (IGE). The basis of estimate for the IGE was developed utilizing the SWRMC Estimating Guide and the Ship Build Specialist’s knowledge of the requirements. The ship repair market is well known to the contracting officer based on his in-depth experience in the field. That said, additional market research beyond the above was not conducted due to the fact that the ship is already in BAE’s shipyard undergoing major repairs and it is impracticable for another company to perform the work.

8. ACTION TAKEN TO REMOVE BARRIERS TO COMPETITION:

Upon discovery of the repairs, discussions commenced with Government leadership to analyze the best course of action given the availability’s schedule and the available options. Due to the time restraint on when the work was to be completed to not impact the overall availability schedule and various other sequenced working events, it was determined that there was not sufficient time to solicit out the new work. It was not guaranteed that BAE would be successful in obtaining this scope of work, which means, there would have additional time delays to get the awarded company access into BAE’s shipyard and for this company to complete the work from set up to tear down. Cost was also a factor as BAE would most likely have the better price due to already having the ship in their shipyard and the services already made readily available. Due to the high likely hood of a higher cost to the government and unacceptable timeframes outside the awarded availability schedule, it is in the Government’s best interest to include this new work into the contract.

CERTIFICATIONS AND APPROVAL