J A_N104-16-C-4500.PDF

MILITARY SEALIFT COMMAND NORFOLK SP64 471 EAST “C” STREET

NORFOLK, VA 23511-2419

N104-16-C-4500

JUSTIFICATION AND

APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) - Norfolk. (N 104-2).

2. Description of the Action Being Approved: This is an urgent justification covering only the portion of the acquisition where additional unanticipated work is required to meet ship mission and safety requirements. Approval of this justification will result in the increase of awarded CLIN 0002 Additional Government Requirements (AGR);

limited to the inclusion of one (1) new work item identified through Request for Proposal (RFP) under contract N32205- l6-C-4500 for the Post Shakedown Availability & Dry Docking (PSA/DD) of the USNS TRENTON (EPF 5). For “additional requirements” per section H-3 of the contract awarded to awarded to Detyens Shipyards, Inc.

The original available AGR hours relative to CLIN 0002 upon award were 10,000 hours. It is anticipated CLIN 0002 will be reduced by 7,860 AGR hours because RFP 001 settlement for Work Item (WI) 109 Forepeak Structural Modification that was left out ofPSA/DD WI package. This J&A will increase 7,860 AGR hours and maintain original 10,000 hours that was awarded.

The additional AGR will provide for the issuance of multiple change orders pertaining to the ship’s PSA. This work was unanticipated and is critical to the ship’s mission-ready status. All work to be performed under this increase in AGR has been evaluated by the Overhaul Management Team (OMT) and determined to be classified primarily by one or more ofthe following work categories:

a) Mission

b) Safety

c) Requirement to operate in austere geographical locations

The OMT has determined this category to be of equal importance. Therefore, all Condition Found Reports (CFRs) and associated Request for Proposals (RFPs) related to this category of work is critical to being completed while the ship is in this current availability to make the ship ready for immediate deployment.

3. Description of Supplies/Services: MSC Norfolk requires an increase of7,860 man hours to direct production hours and material for Additional Government Requirements AGR for the maintenance and repair, and work associated with the safety mission and operational needs of the USNS TRENTON. The below list represents the work to be covered by this J&A:

a. WI 109 Forepeak Structural Modification T-ALT 072R

This action has been funded with fiscal year 2016 Maintenance and Repair funding in the amount of $353,700.00 which has been provided to MSC Norfolk.

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

5. Rationale Justifvin~ Use of Cited Authority: The USNS TRENTON (EPF-5) is currently scheduled to start a shipyard package in Detyens Shipyard, Inc. in North Charleston, SC and in the interest of economy and efficiency it would be logical to add the new urgent WI to the current shipyard package. The aforementioned WI was anticipated, but was left out of the ship repair availability WI package. This T-ALT was submitted for review/approval on 9 Sep 2015 after the EPF Bow Structure Analysis completed on 3 Sep 2015, and therefore; that was not available to put into TRENTON PSA Package which was sent to N10 for processing in July 2015. Competing the new WI could possible delay completion of the availability, and MSC could incur additional costs due to delay and the mission of USNS TRENTON would be jeopardized because it is being tasked immediately after the availability.

Total growth during the shipyard availability cannot normally be predicted until all systems have been opened and inspected. The Expeditionary Fast Transport Class ships are aluminum hull vessels. USNS SPEARHEAD (EPF

1) and USNS FALL RIVER (EPF-4) sustained catastrophic failure of the Forepeak structure. The failure is the result of the wave slap from routine vessel transit and operations. The Expeditionary Fast Transport Class ships construction requirements did not take into consideration the Navy’s use and operating environments that the ship will be subjected to on deployment. The ship is limited to short coastal transits in favorable weather conditions only. An ABS Surveyor and an MSC Naval Architect surveyed the damage on the USNS SPEARHEAD (EPF-1) and USNS FALL RIVER (EPF-4) and provided technical recommendation. The result is the modification to structural members in the Forepeak void (5-B-0) as described on sheets 6-9 of reference 2,4 under WI 109. USNS TRENTON (EPF-5) is currently scheduled to start a shipyard package in Detyens Shipyard, Inc. in North Charleston, SC on 4 January 2016. The WI cited above are preemptive measures to allow USNS TRENTON (EPF-5) (1) to maintain mission readiness (2) safety of the vessel and the crew and (3) operate in austere conditions. Detyens Shipyards has invested in the rigorous ABS process to obtain certified Aluminum welders. The USNS SPEARHEAD (EPF-1) AGR hours totaled 7,840.

The USNS FALL RIVER (EPF-4) AGR hours totaled 5,817. USNS TRENTON (EPF-5) WI 109 was settled and the remaining 2,140 AGRhours ~il not be enough for the availability. The Repair work to USNS SPEARHEAD (EPF- 1) and USNS FALL RJVER (EPF-4) was successful accomplished on schedule by Detyens Shipyards and pricing was fair and reasonable. Detyens Shipyards has the capability to efficiently accomplish the work and can begin repairs to the USNS

TRENTON (EPF-5).

The ship is only in the shipyard until 4 March 2016 and must be in a shipyard environment to accomplish this work.

It is in the best interest of the Government and Military Sealifi Command to approve this J&A for the purpose of accomplishing structural repairs of the USNS TRENTON (EPF-5).

6. Descriution of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The overhaul contract N32205- I 5-C-4500 was awarded in a competitive environment, on a lowest priced technically acceptable basis to Detyens Shipyard, Inc. Due to the exclusivity of this availability and the nature of these requirements, multiple RFPs will be submitted Detyens Shipyard, Inc for additional work as applicable. While competition is restricted to Detyens Shipyard, Inc as the Contractor, the opportunity for subcontractors is not hindered, and given the large scale of growth associated with these repairs, it is anticipated that multiple subcontractors will be needed to fulfill the necessary labor requirements and meet the scheduled timeline. Given that the vessel is only in the shipyard until 4 March 2016 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 and would hinder the ship’s return to service and could have significant impact to the mission. The USNS TRENTON (EPF-5) 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 Additional Government Requirements CLIN ofthe contract, which was competitively awarded. All of Detyens Shipyard, Inc proposed prices will be compared to an IGE.

Additionally, the Contracting Officer will determine that all RFPs settled under CLIN 0002 are fair & reasonable in accordance with FAR PART 15.

8. Actions to Removed Barriers to Future Competition. In this case, 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 na~ow timeframe associated with the shipyard environment are circumstances that, in this case, did not allow for a formal competitive procurement. For future PSA/DD 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.