J A_Patuxent_P00003_Aug_2016_Redacted.pdf

MILITARY SEALIFT COMMAND

471 EAST C STREET

NORFOLK, VA 23511-2419

N104-16-C-4003

JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR N32205-16-C-4003

1. Contracting Activity: Department of the Navy, Military Sealift Command Norfolk

(MSC).

2. Description of Action Being Approved: Approval of this justification will result in the increase of CLIN 0002, Additional Government Requirements (AGR) and Other Direct Costs (ODC) limit under contract N32205-16-C-4003 for the Mid-Term Availability (MTA) of the USNS PATUXENT for additional material and labor requirements of the contract awarded to Detyens Shipyards, Inc.

The available ODC and AGR price of CLIN 0002 will be increased by

The additional ODC and AGR will provide for the issuance of multiple change orders pertaining to the ship’s MTA. All work to be performed under this increase in ODC and AGR has been evaluated by the Overhaul Management Team (OMT) and determined to be classified primarily by one or more of the following work categories:

a) Safety

b) Mission

c) Regulatory

The OMT has determined these categories to be of equal importance; therefore, all Condition Found Reports (CFRs) and associated Request for Proposals (RFPs) related to these categories of work are critical to being completed while the ship is in this current availability to make the ship mission ready.

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

AGR cost and ODC cost (CLIN 0002) will cover all contract growth, including equipment rental, subcontractors and material. The list below represents the work to be covered by this J&A:

a) RFP 001, WI 0103 CASREP - Port Sea Chest Fouling and MGI Inspection.

b) RFP 002, WI 0017 CASREP - Reefer Plant and Meat Box Repairs.

c) RFP 012, WI 0508 CASREP - MSD System Controls

d) RFP 009, WI 0103 CASREP - Stern Tube System

e) RFP 003, WI 0202 Main Engine Turbo Charger Rotor Repairs

f) RFP 010, WI 0106 EMS Cargo Console Repair

g) RFP 014, WI 0106 SWBT Valve/Operators/Reach Rods

h) RFP 019, WI 0109 Port Side Passage Steel Repairs

These actions have been funded with fiscal year 2016 Maintenance and Repair appropriated funding which has been provided by MSC Norfolk.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C.

2304(c)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2(a).

5. Rationale Justifying Use of Cited Statutory Authority: Total growth during shipyard availability cannot normally be predicted until all systems have been opened and inspected. Most MSC vessels have regularly scheduled Mid-Term Availabilities (MTAs) or Regular Overhaul & Dry-dockings (ROH/DDs) during the course of a calendar year.

Request For Proposal (RFP) 001, Work Item 0103 covers the underwater inspection of the Port Sea Chest anodes and the Cathelco Marine Growth Inhibitor due to excessive fouling of the port sea chest and strainer. RFP 002, WI 0017 covers the inspection and repairs of the Refrigeration System which developed significant leaks prior to the ship coming into the shipyard. RFP 012, WI 0508 covers the diagnostic testing and repair of the MSD System Controls and to fabricate a preplacement transfer pump priming line.

RFP 009, WI 0103 covers repairs to the Stern Tube System that were discovered during the emergency repairs to the Port Aft Stern Tube Seal System. RFP 003, WI 0202 covers the repair of two Main Engine Turbo Charger Rotors which were discovered to be damaged. RFP 010, WI 0106 covers the diagnostic testing and repair of the EMS Cargo Console. RFP 014, WI 0106 covers the inspection and adjustment of the SWBT Valve Operators and Reach Rods in an effort to correct leaking tank valves. RFP 019, WI 0109 Port Side Steel Repairs covers removal and replacement of 180 square feet of steel plate that was determined to have significant wastage after removing non-skid in preparation of deck resurfacing. These work items are both a safety and regulatory issue and could potentially affect the mission of the vessel if not corrected.

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

Contract N32205-16-C-4003 was awarded in a competitive environment, on a lowest price technically acceptable basis to Detyens Shipyards Inc. Due to the exclusivity of this availability and the nature of these requirements, multiple RFPs were submitted to DSI for additional work as applicable. Competition is restricted to DSI as the Contractor.

Additionally, due to several of the Work Items requiring Original Equipment Manufacturers (OEM), the opportunity for subcontractors is limited. Delays are unacceptable; as it would delay the ship’s return to service and could have significant impact on the Navy and Air Force. The USNS PATUXENT (T-AO 201) could not deploy and be mission-ready without these critical repairs and installations.

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined that anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable. The requirements will be negotiated based on existing rates provided under the Additional Government Requirements CLIN of the contract, which was competitively awarded. All of DSI’s proposed prices will be compared to the IGE.

Additionally, the Contracting Officer will determine that all RFPs settled are fair and 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 OEM required technical representatives to perform the repairs.

Additionally, 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 as a means to try and identify other OEM representatives. For future MTA availabilities, a conscious effort will be made to identify additional OEM sources, if available, to the maximum extent possible.

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.

TECHNICAL COGNIZANCE:

Signature Name (Printed) PH. No. Date

LEGAL SUFFICIENCY REVIEW:

Signature Name (Printed) PH. 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) PH No. Date

31 Aug 16