JA Form N50054-25-D-0014 N50054-25-055-Redacted.pdf

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

9727 AVIONICS LOOP

NORFOLK VA 23511-2124

J&A No. N50054-26-055 Code 415

P.R.: N50054-24-R-0009

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER IDIQ

CONTRACT N50054-25-D-0014

1. Contracting Activity.

The Contracting Activity is the Mid-Atlantic Regional Maintenance Center (MARMC), United States Navy USN, Norfolk, Virginia, a field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. Description of the Action Being Approved.

This justification provides for limiting the source of this procurement to BAYTEC Marine LLC as an exception to fair opportunity.

3. Description of Supplies/Services.

The work to be performed pursuant to YR-29’s sustainment of the USS Albany (SSN-753) are as follows; 863-50-001 INSURV Barge Support; provide for an estimated cost of $34,517.34. Funding to be utilized for this contract action is FY-26, 1804 O&M. This work must be accomplished so the YR-29 can undergo its inspection and survey (INSURV) of the barge’s equipment, condition, and compliance. Without passing the INSURV the YR-29 will be unable to support crew occupation from Naval vessels.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for this requirement is an exception to fair opportunity as implemented by Section 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 of the Federal Acquisition Regulation (FAR).

5. Rationale Justifying Use of Cited Statutory Authority.

BAYTEC Marine LLC was awarded delivery order N50054-26-F-2033 on 25 February 2026 to accomplish FY26 sustainment of the YR-29 while the crew of the USS Albany (SSN-753) is living onboard. BAYTEC Marine is required to provide habitability for the crew of the USS Albany (SSN-753) while the submarine is uninhabitable due to the following services not being available; AC, CHT, potable water, ventilation, the crew berthing and messing spaces. The aforementioned services are being repaired during the USS Albany (SSN-753)’s maintenance availability.

Due to the USS Albany (SSN-753) being uninhabitable, the crew must live aboard the YR-29. The barge must pass an inspection and survey (INSURV) of the YR-29’s equipment, condition, and compliance every three years. Providing fair opportunity and soliciting a requirement routinely requires 30 days. Due to the INSURV starting 30 March 2026 with a completion of 03 April 2026 a routine or urgent solicitation would create an unacceptable delay for the Government. An urgent solicitation could be completed in three or less days however, an additional day would be needed for the project team to create a new package and MARMC finance to secure funding from FLEET which would not be acceptable timeline for needs of the Government. Since July 2025 the Government has solicited three packages to its respective contractors to support the YR-29 or the YRBM(L)-35 in Connecticut. During each solicitation BAYTEC was the only contractor to provide a bid to the Government. All other contractors no bid the requirement due to the location of performance. Based on this historical information the Government believes that BAYTEC is the best source to accept the work without creating further unacceptable delays. Additionally, BAYTEC has access to the Naval Submarine Base in New London, CT which would cause an unacceptable delay with another contractor. BAYTEC Marine must support the INSURV so the YR-29 can pass the inspection and keep its habitable status to support USS Naval vessels. Without an active INSURV the crew of the USS Albany (SSN-753) would be forced to move out of the barge, impacting sailors’ quality of life.

Additionally, the crew moving off the YR-29 and back onto the USS Albany (SSN-753) would impact the current repairs to the USS Albany (SSN-753). Crew move aboard on the USS Albany (SSN-753) has a high possibility of causing Government delay and disruption to the availability which would be unbeneficial to the Government. Without the additional manpower and subcontracted efforts the INSURV will be unable to take place and the barge will fail the inspection.

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

In accordance with FAR 5.202(a)(2), a synopsis has not been issued for the supplies and services described herein due to the current contract action would cause a delay in award and the active INSURV would expire cause the YR-29 to become inhabitable.

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 J&A will be fair and reasonable. The estimated cost of this work item is based upon historical data as well as the Independent Government Estimate (IGE) and technical knowledge associated with estimated man hours and material cost to complete this work.

The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.

8. Actions to Remove Barriers to Future Competition.

For reasons set forth in paragraphs 5 and 6, market research was not concluded. The critical nature of the work required that it be stated 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 acquisition proves where possible and practicable in accordance with FAR Part

16. In addition, a copy of changes(s) covered by this Justification will be forwarded to MARMC Code 300, Waterfront Operations for consideration of similar work requirements in future solicitations.

J&A No. N50054-26-005

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Vera Davis Date Contracting Officer Representative, Code 362

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Date Office of Legal Counsel, Code 100

CONTRACTING OFFICER CERTIFICATION

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

Joel Harrison Date Contracting Officer, Code 415

☒ I have reviewed the content of this memo and determined that it adequately supports the cited Fair Opportunity Exception as required in FAR 16.505(b)(2)(i)(A).

☐ I have reviewed the content of this memo and determined that it does not adequately support the cited Fair Opportunity Exception as required in FAR 16.505(b)(2).