JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY USS WTA (LCS 13) SERM 803-27 DSRA_Redacted.pdf

DEPARTMENT OF THE NAVY

SOUTHEAST REGIONAL MAINTENANCE CENTER

CONTRACTS DEPARTMENT

P.O. BOX 280057

NAVAL STATION MAYPORT

JACKSONVILLE, FL 32228-0057

J&A Number: N40027_26_0008

CODE: 320

Contract: N0002426C4415

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

JUSTIFICATION

1. Contracting Activity.

The agency is the Naval Sea Systems Command (NAVSEA). The contracting activity is the Southeast Regional Maintenance Center (SERMC).

2. Description of the action being approved.

This is a new work Request for Contract Change (RCC) to firm fixed price delivery order N0002426C4415, issued under contract N0002426C4415A00002 to BAE Systems, to accomplish modification to the crew berthing spaces onboard USS WICHITA

(LCS 13).

3. Description of supplies/services.

The Government has an urgent need to accomplish a berthing modification which will install an additional 24 racks to a combined 18 Officer, CPO, and Crew berthing spaces on USS WICHITA (LCS-13). USS WICHITA is currently in a DSRA, SSP SERM-803-27, with a period of performance from

The work items to be added, 643-80-

001 (RCC 7N), 643-80-002 (RCC 8N), 643-80-003 (RCC 9N),

will be performed during the existing contract delivery period of SERM 803-27.

The total estimated value of the new work for RCC 7N – 9N, is $1,190,685.16. The proposed period of performance is

4. Exception to the fair opportunity process and supporting rationale.

The authority which permits exception to fair opportunity is 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. The ordering process allows orders to be issued non-competitively but must be supported by documentation as required by FAR 16.505(b)(2)(i). The requirements would be sole sourced to

J&A Number: N40027_26_0008

BAE since they were awarded this delivery order and have the capacity to perform and finish the work requirements within the agreed period of performance.

The following supports the exception to fair opportunity:

In an effort to increase manning and support additional mission tasking of all FREEDOM Class LCS ships, COMNAVSURFLANT (TYCOM) has directed all Mayport based LCS ships to complete the Habitability Modification (HABMOD)during their next planned CNO maintenance availability. To meet and support the ship’s operational commitments, WICHITA was directed to conduct the HABMOD during the ship’s current DSRA so that it would be available for tasking prior to commencing its basic phase.

The Contractor currently contracted to perform the DSRA, BAE Systems Jacksonville, has previously accomplished similar work, and has direct access to the suppliers of the required manpower and material resources. The scope and nature of the work, combined with the need to deconflict with previously planned activities in the DSRA, necessitates that all tasks be performed by a single prime contractor.

Therefore, the schedule risks associated with the time required to provide fair opportunity to other eligible MAC contractors, and the subsequent time for another contractor to plan to accomplish work with the required support services, does not support the successful completion of the HABMOD in support of WICHITA’s mission.

5. Determination that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine the price fair and reasonable using the Independent Government Estimate and Technical Advisory Reports. Additionally, the Firm Fixed Price contract for the DSRA was competitively awarded with established ceiling labor rates and material/subcontractor burden rates. The Contracting Officer will use those rates to negotiate a fair and reasonable price.

6. Other facts supporting the justification for the exception to the fair opportunity process.

Schedule and planning of the HABMOD are the limiting factors in providing fair opportunity for WICHITA’s Habitability

J&A Number: N40027_26_0008 modification. The delay associated with providing fair opportunity for the WICHITA HABMOD could result in unfulfilled commitments and could place the Ship and Crew in jeopardy.

7. Actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

As the root cause for the exception to fair opportunity was unforeseen Habitability modification requirements, there is not a specific barrier to remove. Analysis of the causes of the additional requirements may determine a course of action to prevent habitability concerns from occurring in other ships but it is premature to assume.