CJ A_21 067_Signed_Proposed_Redactions_Redacted.pdf

- • DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

XH R8PLY R8P8R TO

CJ&A Number: 21,067 Code: SEA 0222

CLASS JUSTIFICATION AND APPROVAL (CJ&A) FOR USE OF OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity

The Naval Sea Systems Command, Shipbuilding Contracts Division

(SEA 022) .

2. Description of the Action Being Approved

Award a Basic Ordering Agreement (BOA) on a sole source basis to provide the necessary requirements for planning, engineering, material procurement and kitting, and emergent repairs in support of Expeditionary Transfer Dock I Expeditionary Staging Base (ESD/ESB) Class Ships to National Steel and Shipbuilding Company, Inc. (NASSCO), 2798 Harbor Drive, San Diego, CA 92113. Authority to act under this CJ&A expires 14 December 2019.

3. Description of Supplies/Services

The requirements are described as providing: program management, advanced planning, detail design, work item development, onsite engineering, onsite liaison, scheduling, participation in planning meetings, material procurement and kitting, and updating Ship Record Drawings (SRO) for ESD/ESB Class Ships. In addition, these requirements will include emergent repairs to support Post Delivery Test and Trials (PDT&T), Integrated Operational Test and Evaluation (IOT&E), Special Operations Forces (SOF) Post Industrial Testing and other Certification Events for ESB Class Ships.

This BOA provides the flexibility required to satisfy the post delivery requirements for the ESD/ESB Class Ships where specific schedules, locations, and tasking are often not clearly defined and must be handled expeditiously in order to address emergent requirement needs and/or preclude impairment of operational commitments.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

CJ&A Number: 21,067

The anticipated orders include requirements from NAVSEA, MSC, CNSL, NAVAIR and SPAWAR. Funding types included in these budgets are: National Defense Sealift Fund (NDSF), Operations and Maintenance, Navy (OMN), Other Procurement, Navy (OPN) and NAVAIR Aircraft Procurement, Navy (APN). Due to the uncertainty of requirements and their timing it is anticipated the three and a half year estimated cost is approximately which is supported by multiple budget and funding profiles of the anticipated sponsors. Individual budget funding types are based on the projected ship delivery date and the year in which the work is anticipated.

TYPE FY16 FY17 FY18 FY19 TOTALS

FUNDS

NDSF

OMN

OPN

APN

TOTALS

4. Statutory Authority Permitting Other Than full and Open Competition

10 U.S.C. 2304(c) (l)implemented at FAR 6.302-l . Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The ESD and ESB (formerly MLP and MLP AFSB) designs are based on a modified repeat of NASSCO's privately developed and proprietary tanker design. At program inception, the approved acquisition strategy did not include an option to procure NASSCO's tanker design, as it was not considered cost effective for the non-developmental nature of the ESB program. Although the technical data required to be delivered was at a level of detail sufficient to operate and maintain the vessels over the service life and the contractor provided Government Purpose Rights (GPR) for that data, the contract did not provide for the delivery of technical data sufficient to facilitate a competitive action for follow on p~anning, engineering, detailed design products and resultant material to support ongoing post deli very program requirements. Further, as the building yard for this Class, NASSCO has unique knowledge and expertise, including detailed knowledge of each ship's delivered configuration, deferred work and incomplete changes, to competently perform the planning, design/engineering and emergent repairs on a ship within the Government schedule requirements. The emergent repairs will support Post Delivery Test and Trials (PDT&T), Integrated Operational Test and Evaluation (IOT&E), Special Operations Forces (SOF) Post Industrial Testing and other Certification Events for ESB Class Ships. NASSCO is uniquely qualified to immediately respond to emergent repairs identified during these test and certification events. The three and a half year ordering period of the BOA is required to provide support through the Post Shakedown Availability (PSA) on the ESB 4 to support Key Events and introduce the ship to the Fleet free from material defect and fully capable of performing the mission.

The time and resources necessary to develop another source would hamper the efficient delivery of products and execution of emergent repairs. Award to any firm other than NASSCO for the above stated requirements would result in unacceptable delays in fulfilling the agency's requirements due to inadequate long lead time support and high startup costs. For these reasons, the requirements in support of these ships built by NASSCO within the required program schedules are available from only one source, NASSCO.

6. Descrip tion of Efforts Made to Solicit Offers from as Many Off erors as Practicable

The proposed BOA was synopsized on the Federal Business Opportunities (FEDBIZOPS) website on 10 March 2016 in accordance with FAR 5.2. No responses have been received to date. Any responses received in response to this synopsis will be considered. Prior to formulating and changing to the BOA strategy, the Navy, on 25 February 2016, synopsized its original intent to award a Cost Plus Fixed Fee Level of Effort contract to NASSCO. No responses were received in response to that synopsis also. No additional market research was conducted to include an RFI required by PGI 206.302-1 which was waived because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NASSCO to fulfill these requirements.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government of the requirements covered by this CJ&A will be fair and reasonable. A separate fair and reasonable determination will be conducted by the contracting officer at the order level.

8. Actions to Remove Barriers to Comp etition

For the reasons set forth in Paragraph s above, Naval Sea Systems Command, Shipbuilding Contracts Division (SEA 022) has no plans at this time to compete the requirements covered by this document. However, this BOA will be reviewed annually and revised as necessary to conform to the requirements of the regulations. If another potential source emerges, Naval Sea Systems Command, Shipbuilding Contracts Division (SEA 022) will assess whether competition for future requirements is feasible.

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, including the tailored Acquisition Plan, except as noted herein, are complete and

REQUIREMENTS

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

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

I certify that e best of my

APPROVAL BLOCK (FAR 6.304 for Approving Official) to

Upon the basis of the above justification, I hereby approve, as Designee of the Head of the Contracting Activity, 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).

NAVSEA 022 Shipbuilding Contracts Division Director

Name (Print) j

Date