JA Control MVK 2021 0007 Redacted.pdf

Control # MVK-2021-0007

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency:

The U.S. Army Corps of Engineers, Vicksburg District Contracting Office, 4155 Clay Street, Vicksburg, MS 39183-3435.

2. Description of Actions:

This requirement is being procured as a sole source to NRE Power Systems, Inc., CAGE Code: 1H9S7. The estimated value for this requirement is

This requirement must commence as soon as possible and shall be completed no later than 12 March 2021. Completion of the work within this period will allow for the Motor Vessel (M/V) Dredge Jadwin to begin the 2021 dredging season on schedule. The M/V Dredge Jadwin is critical to maintaining navigation on the Mississippi River.

3. Description of Services:

The River Operations Division of the U.S. Army Corps of Engineers Vicksburg District has a requirement for the major overhaul of the three 12-645-F7B EMD 2550 horsepower engines on the M/V Dredge Jadwin.

4. Authority Cited:

Authority permitting other than full and open competition for this requirement is 10 U.S.C. §2304(c)(2) and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, specifically 13.501(a)(2)(i).

5. Reason for Authority Cited:

This requirement was synopsized on the beta.SAM.gov website on 19 November 2020 as a total small business set-aside. The statement of work was attached to the synopsis posting. Solicitation W912EE21Q0001 was posted on beta.SAM.gov on 7 December 2020 as a total small business set-aside with an offer due date of 14 December 2020. A total of six quotes were submitted in response to this solicitation. All six of the quotes were determined unacceptable in accordance with the terms and conditions of solicitation W912EE21Q0001. There are no awardable quotes received in response to Solicitation W912EE21Q0001.

The urgency of this requirement became known on 21 January 2021, this is when all quotes were determined unacceptable. There is insufficient time to re-solicit this requirement as full and open competition. NRE Power Systems, Inc. is a source capable of performing the major overhauls for the three 12-645-F7B EMD 2550 horsepower engines within the required period of performance. The 12-645-

F7B EMD engines are currently composed of NRE components. NRE Power Systems, Inc. is the original equipment manufacturer of the required NRE replacement parts. The NRE Power Systems, Inc. technicians that will perform the work have the expertise to complete all overhauls in accordance with NRE and EMD specifications.

The 12-645-F7B EMD engines ensure that the Dredge JADWIN can run 24 hours a day 7 days a week for 250 days during the dredging season. Without these engines in premium operating condition there is a high probability of substantial downtime. The EMD engines are showing considerable liner wear and are due for major overhaul.

The Dredge Jadwin is one of four specialized dredges and is critical to maintaining navigation on the Lower Mississippi River. Failure to award this requirement to NRE Power Systems, Inc. will result in the Dredge Jadwin becoming inoperable or operating in a limited capacity which could lead to the loss of navigation and impacts to the major deep draft crossings of the Mississippi River. In the event that the Dredge Jadwin is unable to complete its normal dredging mission, the contracting of less efficient equipment and fleet would be a substantial cost to the Government as well as the potential of navigation impacts.

Awarding the major overhaul of the three 12-645-F7B EMD 2550 horsepower engines requirement to NRE Power Systems, Inc. is in the best interest of the Government.

6. Efforts to Obtain Competition:

This requirement was synopsized and solicited as a 100% small business set-aside on the Government Point of Entry, https://beta.sam.gov/.

7. Actions to Increase Competition:

This requirement was synopsized and solicited as a 100% small business set-aside on the Government Point of Entry, https://beta.sam.gov/.

8. Market Research:

Initial market research identified potential small businesses that could support this requirement. As a result, this requirement was solicited as a 100% small business set-aside. A total of six quotes were received. Five of the quotes did not meet the requirements of the solicitation and were determined unacceptable. The other quote was being considered for award, but the offeror submitted an unacceptable performance schedule on 21 January 2021 and this quote has been determined unacceptable.

Market Research has identified NRE Power Systems, Inc. can perform the work within the required performance period. NRE Power Systems, Inc. is the original equipment manufacturer of the required NRE replacement parts and has the supply chain to quickly obtain the mandatory replacement parts. NRE

Power Systems, Inc. technicians have the expertise to complete all overhaul requirements in accordance with NRE and EMD specifications. It has been determined this requirement shall be awarded to NRE Power Systems, Inc. to meet the required performance schedule.

9. Interested Sources: NRE Power Systems, Inc.

10. Other Facts:

As explained throughout this document, this is an urgent requirement and must be awarded as soon as possible to meet the required performance schedule.

The Government is not required to synopsize a notice of intention that this requirement is being awarded sole source. In accordance with FAR 5.202(a)(2), the contracting officer need not submit the notice required by FAR

5.201 when the proposed contract action is for a purchase conducted using simplified acquisition procedures and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

11. Technical Certification:

I certify that the supporting data under my cognizance which is included in the justification is accurate and complete to the best of my knowledge and belief.

Name: Paul Richards

Title: Chief, Navigation Unit River Operations Signatur

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost or price to the Government for this contract is fair and reasonable based on the Government’s estimate and historical information.

Name: Robin L. Green

Title: Contracting Officer Signature:

13. Legal Sufficiency:

The justification and authorization for the procurement of this requirement from NRE Power Systems, Inc. under an Other Than Full and Open Competition basis pursuant to the authority of 10 U.S.C. §2304(c)(2) and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, specifically 13.501(a)(2)(i), has been determined legally sufficient.

Office of Counsel

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of this requirement from NRE Power Systems, Inc. under an Other Than Full and Open Competition basis pursuant to the authority of 10 U.S.C. §2304(c)(2) and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, specifically 13.501(a)(2)(i).

Name: Robin L. Green

Title: Contracting Officer Signature: