JA_N55236_210092_FBO.pdf

J&A Number:

N55236210092

DEPARTMENT OF THE NAVY

SOUTHWEST REGIONAL MAINTENANCE CENTER

3755 BRINSER ST STE 1

SAN DIEGO, CA 92136-5299

Code 430A Contract Number N00024-21-C-4456

Date: 7 September 2021

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. CONTRACTING ACTIVITY

The Naval Sea Systems Command, Southwest Regional Maintenance Center (N55236), Contracting Department Code 430A, 3755 Brinser Street, Suite #1, San Diego, CA 92136-5299. Contracting ACO: Taylor Schipper, taylor.j.schipper@navy.mil

2. DESCRIPTION OF THE ACTION BEING APPROVED:

Sole source contract action is to add one (1) New Work Item at a Firm Fixed Price to Continental Maritime of San Diego (CMSD) under N00024-21-C-4456, USS Somerset (LPD-

25) Fiscal Year 2021 (FY21) Selected Restricted Availability (SRA).

Work Item to be incorporated:

a. 233-11-005; Number 1B Main Propulsion Diesel Engine (MPDE); repair

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. 233-11-005; Number 1B Main Propulsion Diesel Engine (MPDE); repair

b. Total Estimated Value: $349,592.00. Funding will be FY21 OPN-TYCOM.

c. The work must begin 10 September 2021 in order to be completed by 25 March 2022. The Period of Performance for the USS Somerset FY21 SRA is 26 July 2021 to 15 July 2022.

d. The Government’s minimum needs have been certified as complete and accurate by the technical and requirements personnel.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION

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The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c)(2) as implemented by the Federal Acquisition Regulation (FAR) 6.302-2 – this authority applies in those situations where the supplies or services required by the agency are available from only one responsible source, or, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. This availability is the last opportunity to complete this upgrade prior to deployment and this work is needed to fulfill required operational capability.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY.

RCC 3N provides for the overhaul of 1B (MPDE) main propulsion diesel engine. The MPD is the main propulsion for the USS SOMERSET LPD-25. The scope of work includes the removal and reinstallation of the MPDE rocker lube oil pumps, injectors, and governors. The items will be removed and delivered to SWRMC Code 900 by CMSD. Code 900 will repair in shop, and the items will be reinstalled by CMSD. All parts for repair are on hand.

The original contract had option items that were labeled “out of home port only” with the expectation SWRMC Code 900 would complete the repair on the items, pending local award of the contract. Under the current contract, Code 900 already is obligated to complete the 1A and 2A MPDE overhauls, in addition to the NR1 and NR2 SSDG upper end overhauls. As a result, Code 900 requires CMSD assistance to complete the removal and reinstallation portion of the work requirement. Due to the incorrect labeling as “out of home port only,” the option was not bid in the submitted proposal for the subject contract.

This work is Class Maintenance Plan mandatory maintenance. The alternative to inclusion as new work in the current SRA is a follow-up CMAV: however, if the alternative course of action were to be taken, the ship would experience degraded performance of 50% (2 of 4) MPDEs, which is unacceptable as this vessel is critical to the fleet and must be able to perform in a mission-ready capacity.

Due to the requirement of coordination between CMSD and Code 900 regarding schedule and work completion, additional time for integration, planning, and execution of the removal, transfer, and reinstallation of the items is required to complete the work prior to PCD. RMC CO concurred with the inclusion of the scope of work, noting the work was critical and required to maintain the ship’s main propulsion plant and allow for minimum impact to the schedule.

The estimated duration for work is 190 days or 27 weeks total. Work will begin with the removal of diesel part, with an estimated duration 21 days. The parts will be crated and delivered to Code 900, with an estimated duration of 7 days. Disassembly, overhaul, re-assembly, testing, and re-crating estimated duration is 28 days. The redelivery and installation estimated duration is 42 days.

Therefore, total duration for the 1B MPDE is 14 weeks or 98 days. This work is will be completed sequentially with RCC 4N, which requires the same duration of 98 days. Therefore, total duration for repairs is 196 days, or 28 weeks.

During this window of maintenance availability no other source can satisfy the Agency’s requirements without a significant impact to the availability completion schedule. An impact to the availability completion schedule would pose a serious risk to mission readiness. It also poses a risk for financial injury to the Government due to additional costs with the duplication of support services such as the Project Management Office (PMO) and temporary services. CMSD is uniquely positioned to perform the work as the ship is currently in their yard undergoing a major dry docking repair period, and it is impracticable for another company to perform these support services in CMSD’s drydock concurrently with other ongoing repairs.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS

MANY OFFERORS AS PRACTICABLE:

Based on the reasons provided in Section 5 above, no efforts were made to solicit offers for this work from other offerors. The original contract was awarded competitively following solicitation in which three (3) contractors submitted proposals: BAE, CMSD, and National Steel and Shipbuilding Company (NASSCO). After review of the three proposals, CMSD was the selected awardee.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer anticipates the cost to the Government of this acquisition will be fair and reasonable based on cost and price analysis to be conducted pursuant to FAR Part 15. In addition, technical analysis will be performed with the Project Manager to ensure the proposed labor hours, material cost, and subcontractor cost correspond with the expected cost or Independent Government Estimate (IGE). The basis of estimate for the IGE was developed utilizing the SWRMC Estimating Guide and the Ship Build Specialist’s knowledge of the requirements. The ship repair market is well known to the contracting officer based on his in-depth experience in the field.

8. ACTION TAKEN TO REMOVE BARRIERS TO COMPETITION:

This availability is the last opportunity to complete this upgrade prior to deployment and this work is needed to fulfill required operational capability. Lessons learned will be implemented to ensure Requiring Activities become more pro-active in modifying solicitations prior to award to mitigate issuing new work.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b)) I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

James Maguire, Project Manager – USS SOMERSET (LPD-25) 619-572-3039

REQUIREMENTS COGNIZANCE:

Erin Vernand Port Engineer - USS SOMERSET (LPD-25) 858-205-8342

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Martha Hulley

Counsel

SWRMC C100

619-556-1068

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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

Taylor Schipper Administrative Contracting Officer

SWRMC C430A

619-366-4265

APPROVAL BLOCK (FAR 6.304 for Approving Official) Upon the basis of the above justification, I hereby approve, as Contracting Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

ADMINISTRATIVE CONTRACTING OFFICER

Taylor Schipper

Administrative Contracting Officer

SWRMC C430A

619-366-4265