JA_ODC_Increase_USNS_KAISER_N32205-15-C-1008_(2)_Redacted.pdf

MILITARY SEALIFT COMMAND

471 EAST C STREET

NORFOLK VA 23511-2419

J&A No. N104-15-C-1008-0001

JUSTIFICATION & APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

N32205-15-C-1008

1. Contracting Activity: Department of the Navy, Military Sealift Command Norfolk (N104-1).

2. Description of Action Being Approved: Award of a contract on a sole source basis for approval of this justification will result in the increase of CLIN 0003 Other Direct Costs (ODC) under contract N32205-15-R-1008 for the Mid Term Availability (MTA) of the USNS HENRY J. KAISER (T-AO 187) for “additional requirements” per section H-3 of the contract awarded to Vigor Marine LLC.

The available ODC costs relative to CLIN 0003 will be increased by $ , from $ to $

3. Description of Supplies/Services: MSC requires an increase to material for additional Government requirements for the maintenance and repair work associated with the safety, mission and propulsion needs of the USNS HENRY J. KAISER.

ODC costs (CLIN 0003) will cover all contract growth, including equipment rental, subcontractors and material that are not included under CLIN 0002 AGR.

This action has been funded with fiscal year 2016 Maintenance and Repair funding in the amount of $ which has been provided to MSC Norfolk.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(2), FAR 6.302 Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority: Total growth during a shipyard availability cannot normally be predicted until all systems have been opened and inspected.

Most MSC vessels have regularly scheduled VRR’s (Voyage Repair

Requests), Mid-Term Availabilities (MTA) or ROH/DD’s (Regular Overhaul/Dry Dockings) during the course of a calendar year. In this particular case, the GFM will not be available in time to complete repairs on the #4 Ships Service Diesel Generator (SSDG). The overhaul of the SSDG every 24,000 operating hours is critical to proper maintenance of shipboard equipment in accordance with SMS procedures. Vigor Marine must procure the parts that are available since MSC could not award a contract in time to support the availability timeframe. These required parts can be on site within 4-5 business days. The T-AO class vessel has two SSDG’s for back-up/secondary operating purposes.

If both SSGD’s are not fully operational prior to the ship leaving the shipyard, a C3 CASREP will be issued and reported in the SITREP.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: The overhaul contract N32205-15-C-1008 was awarded in a competitive environment, on a lowest priced technically acceptable basis to Vigor Marine. Due to the exclusivity of this availability and the nature of these requirements, multiple RFPs will submitted to Vigor Marine for additional work as applicable. Given that the vessel is only in the shipyard until 12 November 2015 and must be in a shipyard environment to accomplish this work there is insufficient time to allow for competitively soliciting this work. Delays are unacceptable, would delay the ship’s return to service and could have significant impact on the US Navy. The USNS HENRY J.

KAISER could not deploy and be mission-ready without these critical repairs.

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. The process will be negotiated based on existing rates provided under the Other Direct Costs CLIN of the contract, which was competitively awarded. All of Vigor’s proposed prices will be compared to an IGE or historical comparison of similar purchases for the same requirement.

Additionally, the Contracting Officer will determine that the all RFPs settled under CLIN 0003 are fair & reasonable in accordance with FAR PART 15.

8. Actions to Remove Barriers to Future Competition: In this case, the limitation on competition is a result of emergent work that could not be identified during Contract development. The combination between the urgency of this requirement and the narrow timeframe associated with the shipyard environment are circumstances that, in this case, did not allow for a formal competitive procurement. For future availabilities, a conscious effort will be made to identify urgent requirements whose execution relies on the overhaul status for performance so as to provide for inclusion within the work package to be competed to the maximum extent possible.

NORFOLK VA 23511-2419

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

10/5/15

Date: 2015.10.05 11:18:56 -04'00'

Date: 2015.10.05 12:19:14 -04'00'

Date: 2015.10.05 13:32:27 -04'00'