JA Exception to Fair Opportunity redacted.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Identify the agency and contracting activity:

This justification is executed by Military Sealift Command (MSC) Ship Support Unit (SSU), Guam.

The Requiring Activity/Address is Naval Base Guam, PSC 455 Box 152, FPO AP 96540-1000.

2. Description of Action Being Approved:

This is justification for an exception to fair opportunity to award a task order to Cabras Marine under Indefinite/ Definite/Indefinite Quantity (IDIQ) Contract No. N3220517D4904. The task order associated with this justification will provide repair services to a service barge, YC-1478.

3. Description of Supplies and Services:

The services and products to be provided is for commercial services to repair YC-1478, which is required by Naval Base Guam to moor a CVN at its KILO wharf. YC-1478 was recently damaged during a port visit of CVN-71 on 3 February 2021. Due to national defense requirements, Naval Base Guam was informed on 17 February 2021 it must be ready to support a CVN no later than 25 February 2021. Specific details are classified. Naval Base Guam has to have YC-1478 expeditiously repaired in order to support this directive in support of our national defense.

4. Identification of the exception to fair opportunity (see 16.505(b)(2):

The exception to fair opportunity utilized for this proposed actions is FAR 16.505 (b)(2)(i)(A) – the agency need for the supplies and services is so urgent that providing a fair opportunity would result in unacceptable delays.

The support to be provided under the authority requested by this J&A is necessary in order to meet the national defense strategy. Completing all of these repairs by the mission need date will require all available man-hours to support. Therefore, we do not have time to solicit competitively due to the urgent and compelling nature of the requirement. Our national defense will be affected due to the lack of capability of Naval Base Guam to support an aircraft carrier pier side.

5. Other facts supporting the use of justification.

Based on market research conducted, it was determined that Cabras Marine Corporation is the only source for this service. The YC-1478 has a dead weight of 550 tons, which require any other shipyard to procure a lift capability or to support with their own dry dock. Cabras Marine Corporation has its own dry dock facility that is located on its property which can support. No other contractors who perform ship repair have this capability. This approved J&A will be released in accordance with FAR 6.305 (b).

6. Determination of Fair and Reasonable Cost:

The Contracting Officer has adequate information to ensure that the cost to the Government for these actions will be fair and reasonable. Repairs are basic shipboard welding. There is no need for special certifications as the YC-1478 requires a very basic repairs.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Government does not anticipate further exceptions to fair opportunity. The contracting activity will ensure that fair opportunity is provided for all subsequent requirements that fall within the scope of the GSR IDIQ contracts.

CERTIFICATIONS AND APPROVAL

Technical/Requirements Cognizance:

I certify that any supporting data that is my responsibility and which forms a basis for this Justification are complete and accurate.

Signature Name (Printed) Phone No. Date

Legal Sufficiency Review

I have determined this Justification is legally sufficient.

Contracting Officer/Approving Official (below $700,000)

I certify that this justification is accurate and complete to the best of my knowledge and belief.