JA_BURLINGTON_EDD_FY23_Redacted.pdf

J&A No. N10423R4048

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Military Sealift Command (MSC), Norfolk

2. Description of the Action Being Approved: Award of a contract using full and open competition after exclusion of sources without providing a synopsis of proposed contract action in accordance with FAR 5.203(a) and soliciting for less than 30 calendar days in accordance with FAR 5.203(c) for the Emergency Dry-Docking (E/DD) of the USNS BURLINGTON (T-EPF- 10).

3. Description of Supplies/Services: Dry-dock the USNS BURLINGTON (T-EPF-10) and repair the hull shell plating cracks using contractor furnished aluminum plating. The period of performance commences on or about March 21, 2023, for approximately 21 days. The estimated dollar value is of the EDD is approximately utilizing FY 23 Operations & Maintenance Navy Working Capital funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C.

3204(a)(2), Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Authority: On or about February 2, 2023, MSC engineering discovered cracked shell plating, located near Ride Control Spaces 1 and 2, voids 3 and 4, beneath the waterline, potentially causing the compartments to flood and the vessel to sink. These hull cracks are developing and unpredictable in nature. The cracks increased in size and number while the vessel has changed fuel and cargo loading conditions and through typical underway operations. Due to the unpredictability of this cracking, the assigned MSC engineering technical experts determined that the shell plating integrity has severely degraded.

The safety and seafaring capability of the vessel is compromised and the plating is in immediate need of replacement prior to sailing for mission. The shell will be temporarily repaired to transit to a shipyard facility.

The USNS BURLINGTON (T-EPF 10), with its unique capabilities, is assigned a mission to support USSOUTHCOM maritime security operations prior to its next regularly scheduled Regular Overhaul/Dry-Dock (ROH/DD) availability. The ROH/DD is scheduled for first quarter, fiscal year 2024.

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

Market surveys conducted has found at least two small business concerns on the east/gulf coast of the United States capable of performing this E/DD. Per FAR 5.202(a)(2), to have the vessel ready on-time for its assigned mission, the Government is exempt from synopsizing this proposed contract action for 15 calendar days and soliciting for at least 30 calendar days. The Government is not excluding other capable small business concerns.

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this justification and approval will be fair and reasonable.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC Norfolk has no plans at this time to publicize this contract action in accordance with FAR Subpart 5.2

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(2).

____________________ Juliann Krogh Signature & Date Name

KROGH.JULIA

NN.B.13957922

Digitally signed by

KROGH.JULIANN.B.1395

792250 Date: 2023.02.21 05:47:01 -05'00'