N00174_FY24-SEP04-14.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

INDIAN HEAD DIVISION

3767 STRAUSS AVENUE

SUITE 201

INDIAN HEAD, MD 20640-5150

J&A No. FY24-SEP04-14

Code: 022.1.10

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command, Naval Surface Warfare Center, Indian Head Division, Contracts

Division (Code 022).

2. Description of the Action Being Approved.

The action is anticipated to be a Firm-Fixed-Price (FFP) Contract for Industrial Waste

Processor (IWP) Oven Body Repair awarded on a sole source basis to:

Seven of Richmond LLC

2517 Patricia Road

Henrico, VA (804) 387-0808

Cage Code: 4XQ42

3. Description of Supplies/Services.

Repair services are being procured for the Industrial Waste Processor (IWP). Specifically, services will include repairing rusted portions of the IWP Oven Body, removing oven insulation to expose critically rusted areas, removing rusted sections from the existing oven body roof and sides, and ensuring existing conduit, piping, and instrumentation are not damaged. When necessary, the vendor will work with NSWC IHD personnel to remove conduit, piping, or instrumentation to avoid damage. Servies will also include removing the rusted metal (both sheet metal and structure) on the oven ceiling on the half of the oven that is located outside, removing all additional metal needed to ensure effective welds are made on the ceiling and sides. Services will also require the vendor to weld in replacement steel, as needed, and repair any cracks on the oven body exterior. The Period of Performance should not exceed 60 calendar days after award.

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

Estimated Dollar Value1 ($K)

Type of Funds FY24 Total

WFC (Indirect 325.5 325.5

Total Funding 325.5 325.5

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(2), as implemented by FAR 6.302-2 – Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

Seven of Richmond, is a small business. They are needed for this IWP Oven Repair requirement based on their energetic equipment welding expertise. Their experience with similar repairs quality welding work, weld reliability, their knowledge and experience with rigging, and specifically, their ability to meet our critical timeline to complete the repairs make them the most suitable vendor for the scope of work.

The reason for the urgency and critical timeline for these services is that on 1 August 2024, the

IWP Oven was inspected. The purpose of this inspection was to ascertain the condition and structure of the oven walls which have been exposed to weather for nearly 20-30 years.

The plan is to remove insulation in the affected area and cut away the critically rusted portion of the IWP Oven

Body. Subsequently, new metal will be welded in the place of the old, rusted metal. Finally, new insulation will be installed over the new metal.

The facility housing this IWP Oven is used to incinerate large quantities of Material Potentially

Presenting an Explosive Hazard (MPPEH). As the name implies, this metalwork and/or materials contains explosive particles/dust attached to them. The Command is relying heavily on this facility to eliminate such hazards immediately. To continue to operate this necessary facility, the oven walls must be repaired as soon as possible. If the oven cannot be repaired soon, large quantities of MPPEH will have to be stock piled. This large stockpile of MPPEH could cause another environmental hazard due to rain runoff into the ground and nearby waterways. The

IWP Oven supports all explosive operations on station including Code M, Code R, Code E, etc.

in addition to DoD-wide customers. Without the IWP Oven, there is potential for negative impact on all operations which, in turn, would affect many programs throughout the DoD.

1IAW NMCARS 5206.304(a) If the dollar value of the contract is negotiated at a level that exceeds the dollar threshold of the original justification approval authority, a new justification approval shall be obtained from the appropriate approval authority prior to award.

Other welding companies were considered. However, Seven of Richmond is required because of their expertise, strong track record of quality work, and ability to meet the critical timeline. For new companies to gain proper access and evaluate needed repairs for the IWP Oven, work completion would be delayed beyond an acceptable timeframe. By going to another source at this time, we will incur the following delays: delays in finding a potential vendor , getting the potential vendor to visit the site to evaluate and provide a quote , vetting a potential vendor for access into the restricted side so they can provide a quote , and establishing a contract In addition, once the contract is established, the vendor may need to order materials, whereas Seven of Richmond is already prepared. Overall, the

Program could potentially experience a delay of up to weeks by pursuing an alternate source.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

A Sources Source notice was posted on 29 August 2024 to the sam.gov website to satisfy the requirement of Defense Federal Acquisition Regulation Supplement 206.302-1(d). A response was received from . However, they do not have an active SAM.gov registration. Without this, they are not eligible for awards from the federal government.

Another response was received from however the company does not have local repairmen and do not have base access. The urgency and nature of these repairs are more suited for companies that have facilities within a reasonable commuting distance.

Additional costs for out of state vendors such as accommodations, meals, incidentals, mileage, and the shipping of materials would be exorbitant.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

There is no anticipated future need for this requirement. However, should the need arise, Sources

Sought notices would be sent and any other responding companies would be vetted.

The circumstances surrounding the need to obtain the required supplies/services without providing for full and open competition will be reviewed by the Procuring Contracting Officer

(PCO).