JA GUNSTON 102N redacted.pdf
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- Attached to
- N50054-26-098
- Solicitation number
- N50054-26-098
About this file
This is a Justification and Approval for Use of Exception to Fair Opportunity (J&A) issued by the Department of the Navy's Mid-Atlantic Regional Maintenance Center (MARMC).
The document justifies awarding additional work under Firm Fixed Price (FFP) Delivery Order N5005426FL001 on a non-competitive basis to East Coast Repair and Fabrication for critical repairs to the USS GUNSTON HALL (LSD-44). The work includes non-destructive testing of a 20-ton cargo crane and related repairs under Request for Contract Changes (RCC) RCC 102N Work Item 589-10-002. The contracting activity is MARMC in Norfolk, Virginia, a field activity of Naval Sea System Command (NAVSEA) in Washington, DC. The statutory authority cited is FAR 16.505(b)(2)(i)(A), permitting non-competitive procurement when agency need is so urgent that providing fair opportunity would result in unacceptable delays. The justification emphasizes that normal wear has rendered the crane inoperative, creating operational hindrance as it is required for cargo and vehicle loading and recovery operations. East Coast Repair is identified as the only company with required equipment and capability to meet the Government's immediate testing requirements within the delivery schedule. The estimated work duration is approximately the timeframe noted in redacted sections. The Contracting Officer determined costs fair and reasonable based on historical data, Independent Government Estimate (IGE), and Project Manager technical knowledge. No market research was conducted due to the critical, time-sensitive nature of the requirement. Future similar work will be reviewed on a case-by-case basis to promote full and open competition where practicable under the multiple delivery-order contract.
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Text version
J&A Number: N50054-26-098
NCH 53.6-2
material burden rate were determined to be fair and reasonable at time of contract and delivery order award. The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.
7. ACTIONS TO REMOVE BARRIERS TO COMPETITION
For reasons set forth in paragraph 5 and 6, market research was not conducted. The critical nature of the work requires that it is started 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 the acquisition process where possible under this multiple delivery-order contract, where possible and practicable in accordance with FAR Subpart 16.5. In addition, a copy of the change(s) covered by this justification will be forwarded to Code 200, Planning and Engineering, and Code 300 Waterfront Operations for consideration of similar work requirements in future solicitations.
CERTIFICATIONS AND APPROVAL
COMBINED TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 16.505(b)(2)(ii)(B)(9):
I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.
LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):
I have determined this justification is legally sufficient.
COMBINED CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR
16.505(b)(2)(ii)(C):
I certify that this justification is accurate and complete to the best of my knowledge and belief. Upon the basis of the above justification, I hereby approve, as Contracting Officer, the award of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 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.
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