JA_RCC1534N-R1_Redacted.pdf

Contract #: N0002422C4420 J&A# N55236250010

Code: 440A Date: 8 January 2025

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 440A, 3755 Brinser Street, Suite #1, San Diego, CA 92136- 5299. Contracting Point of Contact:

2. DESCRIPTION OF THE ACTION BEING APPROVED:

This proposed contract action adds a New Work item to a firm-fixed-price contract awarded to BAE Systems San Diego (BAE) on . Contract N00024- 22-C-4420 was awarded for USS ESSEX (LHD-2) Fiscal Year 2022 (FY22) Docking Selected Restricted Availability (DSRA). Work Item to be incorporated:

514-11-003 Chilled Water System Piping Replacement.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. 514-11-003 Chilled Water System Piping Replacement

b. Total COPA Value: . Funding will be FY23 OPN (TYCOM funded).

c. Chilled water piping in passageway (02-41-2-L) outside of wardroom has developed a leak that can no longer be controlled with soft patch. Leak is currently being collected by large drums in passageway. If leak worsens, uncontrollable flooding could lead to shutting down of chilled water system and loss of cooling for critical Local Area Network (LAN) network which will affect ongoing System Operational Verification and Testing (SOVT) testing.

d.

the technical and requirements personnel.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority permitting other than full and open competition is 10 U.S.C.

3204(a)(2) as implemented by the Federal Acquisition Regulation (FAR) 6.302-2 this authority applies in those situations where the agency's need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

Request for Contract Change (RCC) 1534N was generated to replace section of chilled water pipe. Replacement of piping will require careful isolation of chilled water system which will shut down cooling water flow to cooling coils within the isolation boundaries.

Since chilled water isolation valves historically leak, the extent of the isolations is unknown. If cooling coils that normally supply cool air to LAN equipment must be secured

Soliciting and awarding a competitive follow-on contract would lead to high risk of catastrophic flooding and LAN shutdown, which would risk availability extension due to disruption of SOVT testing. Failure to complete this work in a timely manner, concurrent with the DSRA, could affect all current contractual milestones starting with the Engineering PCD Key Event and cascading to the Availability Completion (AC) Key

Soliciting a new availability would add at least two months to the repair schedule. Further, awarding to another contractor would add onerous logistical complexity and significant cost, as that procedures and policies, risking additional schedule delays.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS

MANY OFFERORS AS PRACTICABLE:

The original contract was awarded competitively in which BAE was the selected awardee.

The G proposal was technically acceptable. Given the nature of the solicitation, the urgency and and will not result in serious injury to the Government. A notice in accordance with FAR Subpart 5.2 will not be publicized based on the exception in FAR 5.202(a)(2). It is in the and support the USS ESSEX (LHD-2) DSRA operational schedule. This is an atypical event and could not be planned or forecasted. Accordingly, the Administrative Contracting Officer (ACO) determined that this course of action is the most prudent way forward in this unique instance. The USS ESSEX Dry Docking Selected Restricted Availability (DSRA), Contract N00024-22-C-4420, was competitively awarded through full and open competition to BAE San Diego Ship Repair to accomplish critical planned repair, maintenance, and alterations.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer has determined the settled cost to the Government is fair and reasonable based on cost, price and technical analysis, conducted pursuant to FAR Part

15. Technical analysis was 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 IGE was developed using the SWRMC ship repair market is well known to the contracting officer based on his in-depth experience in the field. That said, market research beyond the above was not conducted due to the fact that this complex work is currently in process at BAE, making it impractical for another company to perform with simultaneous and related occurring work.

8. ACTION TAKEN TO REMOVE BARRIERS TO COMPETITION:

While standard procedures would follow the typical competitive solicitation process, it is in interest to incorporate and award this critical maintenance work to BAE in order to meet and support Fleet operational readiness and prevent additional harm to the government by risking further delays. This is an unanticipated and atypical event and could not be planned or forecasted, accordingly, the ACO determined that this course of action is the most prudent way forward in this unique instance.

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:

Project Manager, USS ESSEX (LHD-2)

(619) 726-5086

REQUIREMENTS COGNIZANCE:

Port Engineer, USS ESSEX (LHD-2)

(619) 379-3206

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Office of Counsel, SWRMC C100

(619) 556-1587

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.

Administrative Contracting Officer, SWRMC C440A

(619) 708-7820

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. 3204(b)(B).

ADMINISTRATIVE CONTRACTING OFFICER

Branch Head, SWRMC C440A

(619) 571-4497