JA ML2325 Pier 15 Dredging Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVENUE

NORFOLK, VIRGINIA 23511-3095

J&A No. ML-23-25 6 December 2022

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: The contracting activity is Naval Facilities Engineering Command, Mid-Atlantic, Submarine Base New London, Groton Connecticut.

2. Description of the Action Being Approved: Award out of scope modification to Weeks Marine Inc. under contract N40085-20-C-0074 to Replace Pier 32, located at Submarine Base New London, Groton Connecticut.

3. Description of Supplies/Services: The Contractor shall provide labor, management, supervision, tools, material, and equipment required to dredge approximately 2,000 cubic yards of the Shippingport basin at Pier 15. The estimated value of the work is $ .

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 3204(a)(2);

FAR 6.302-2, Unusual and compelling urgency. Contracting without providing for full and open competition under this acquisition may be accomplished pursuant to the authority of 10 U.S.C.

3204(a)(2) of the Federal Acquisition Regulation 6.302-2, Unusual and Compelling Urgency.

The agency’s need for these services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals and waive synopsis requirements pursuant to FAR 5.202(a)(2).

5. Rationale Justifying Use of Cited Statutory Authority: The use of the authority cited in Section 4 is deemed appropriate due to the unusual and compelling need for dredging Pier 15 basin, Naval Submarine Base New London. A hydrographic survey performed while the Shippingport was out for repairs in November 2022, revealed the dry-dock will not be able to meet mission requirements if maintenance dredging is not performed in near future. The 36’ wide swath in the center portion of the existing basin requires dredging in order to accommodate the “V-hull” of the Shippingport Dry-Dock. The Shippingport Dry-Dock is critical asset required to support submarine maintenance such as Selective Restrictive Availabilities. Not having the Shippingport Dry-Dock available will adversely affect national defense-related ship movements and deployment schedules. Additionally, The Connecticut Department of Energy & Environmental Protection expedited the approval of expired dredging permit that has a dredging window through 30 January 2023. The short dredging window provides insufficient time to award a contract through normal acquisition procedures.

J&A No. ML-23-25

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: Due to the urgent need for dredging, it is not practical or in the best interest of the Government to solicit additional sources for the required dredging. Weeks Marine is currently mobilized, with equipment on site to dredge Pier 32 the week of 5 December. Weeks has been vetted by security, is intimately familiar with the work to be performed and stringent installation waterfront requirements at New London Submarine Base. Weeks is the only contractor able to accomplish this urgent requirement.

7. Determination of Fair and Reasonable Cost: The price will be determined fair and reasonable prior to award and based on comparison to the Government Estimate and historical pricing of current contract.

8. Actions to Remove Barriers to Future Competition: This is a one-time exception to full and open competition, which is dictated by the exigent circumstances. No follow-on contract is expected.

J&A No. ML-23-25

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.

Signature Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Date

ECHELON IV CHIEF OF THE CONTRACTING OFFICE APPROVAL

Upon the basis of the above justification, I hereby approve the proposed modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

3204(a)(2).

Date Chief of the Contracting Office NAVFAC Mid-Atlantic

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