JA NR3 HPBAC 16-Nov-22 Rev 1.pdf

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

Contracts Department

9727 Avionics Loop

Norfolk, VA 23511-2124

J&A Number: N50054_22_206

Code: 332

P.R. Number: N00024-22-C-4436

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

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 the procurement of additional work under Contract Number:

N00024-22-C-4436 awarded to MHI as an exception to full and open competition. This justification provides for limiting the source of the specified procurement to Marine

Hydraulics Industrial in Norfolk, VA.

3. DESCRIPTION OF THE SUPPLIES/SERVICES

The work to be performed pursuant to the procurement consists of overhaul of Number 3

High Pressure Breathing Air Compressor (NR3 HPBAC) onboard USS SAN ANTONIO

(LPD 17) in accordance with specification Work Item 551-51-001, and Request for

Contract Change (RCC) 510N. The services will be accomplished utilizing Fiscal Year

2022 Other Procurement, Navy (OPN) funds in the estimated amount of $88,848.53. The work must commence no later than 28 November 2022 and be completed by Dock

Trials/Work 6 May 2023. The Government’s minimum needs have been verified by certifying technical and requirements personnel.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority for this requirement is 10 U.S.C. 2304 (c)(2), unusual and compelling urgency, which is codified at FAR 6.302-2 (a)(1).

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

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MHI was awarded contract number: N00024-22-C-4436 on 29 October 2021 to provide for and accomplish the Chief of Naval Operations (CNO), Selected Restricted Availability

(SRA) SSP: TPPC-LPD17-MARMCN22-CN01 for USS SAN ANTONIO (LPD 17).

USS SAN ANTONIO (LPD 17) is AT REDLINE for SCBA Charging Stations (redline is

1 of 2). Due to MHI shipyard safety restriction against keeping fuel onboard, ship cannot utilize Emergency Breathing Air Compressors (EBACs) for SCBA recharging for the duration of the SRA. Without overhaul, the Ship lacks any SCBA charging redundancy which immediately diminishes shipboard firefighting capability both in the shipyard and post-SRA, and places avoidable stress on the sole operational HPBAC to support all

SCBA charging onboard.

A competitive award would take approximately 45 days. There would be a minimum of 10 days to prepare the solicitation, and 30 days to post the Request for Proposal (RFP) on

FedBizOpps as required by DFARS 215.371-2, and an additional 5 days to analyze the proposals and provide debriefings to unsuccessful offerors. Due to USS SAN ANTONIO

(LPD 17) operational and contract schedules, an unusual and compelling urgency precludes procurement of the above work through full and open competition. The current ship’s schedule requires this work to start almost immediately and does not support solicitation and the subsequent execution of work by another CNO awardee. If work is not performed now, the ship will not complete the SRA without extending the period of performance. This will create a cascading effect and delay start of USS SAN ANTONIO’s follow-on Continuous Maintenance Availabilities (CMAVs) and significantly impact

Basic Phase events.

The work must be begin no later than 28 November 2022 to complete before Dock Trials on 6 May 2023. The following precludes procurement of this work through full and open competition:

(a) A delay in award of this repair would result in a prolonged degraded SCBA shipboard recharging capability in the event of a shipboard fire or immediately dangerous to life or health (IDLH) casualty, directly impacting the Ship’s ability to conduct sustained firefighting operations and thereby jeopardizing the vessel and crew.

(b) Lead times of parts required for this overhaul span 16-20 weeks from time of ordering.

(c) Repair of this equipment is essential for shipboard safety in-port and underway.

Any delay would places the ship and crew in danger. MHI is the only source able to accomplish this new work item required within the anticipated CNO timeframe under such short notice during the current CNO.

To award this work to a contractor other than MHI would result in unacceptable and costly delays to the USS SAN ANTONIO (LPD 17) fire protection capability during the current

SRA. The work must be integrated with the existing work package in order to support ship and crew safety. Failure to accomplish this work would be unacceptable to the government as it would impair the SRA schedule, resulting in an inability of the vessel to meet its scheduled, post-SRA operational commitments.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OTHER OFFERS

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 limiting the number of sources from which bids or proposals can be solicited as the USS SAN ANTONIO (LPD 17) is physically located within MHI shipyard prohibiting another contractors crane access.

7. DETERMINATION OF FAIR AND REASONABLE COSTS

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the 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 costs 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 COMPETITION

For reasons set forth in paragraphs 5 and 6, market research was not conducted. The critical nature of the work required that it be 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 and practicable in accordance with FAR Part 6. In addition, a copy of the change(s) covered by this justification will be forwarded to MARMC 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 6.303-2(c)):

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.

Signature: _____________________________________ Date: ________________

Print: Stephen Kondzella, Project Manager, C331, 757-594-5154

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

Signature: _____________________________________ Date: ______________

Print: Bradley Garner, Associate Counsel, C-100C, 757-837-8268

COMBINED CONTRACTING OFFICER CERTIFICATION AND APPROVAL

(FAR 6.303-2(b)(12), 6.304):

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 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)(2).

Signature: _____________________________________ Date: ______________

Print: Zachary Dawkins, Contracting Officer, C432, 757-651-6219