REDACTED-JnA _16-C-4006-P00005 _LENTHALL.PDF

MILITARY SEALIFT COMMAND

471 EAST C STREET

NORFOLK, VA 23511-2419

N104-16-C-4006

JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR N32205-16-C-4006

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- 1 6-C-4006 for the Mid-Term Availability (MTA) of the USNS JOHN LENTHALL 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 to

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 JOT-IN LENTHALL. 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 008, WI 0519 CASREP Overhaul of NO. #1 & #2 CFW Pumps

b) RFP 010, WI 0303 CASREP Port Quarter Supply Fan & Deck Air Compressor

Motors

c) RFP 033, WI 0409 LOS Transceiver Repairs

d) RFP 054, WI 0501 SSDG NO. #4 Repairs

e) RFP 060, WI 0104 JP-5 Clad Welding & Erosion Plates

f) RFP 064, WI 0112 Reserve Feed Water Tank 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) 008, (New Work Item) WI 0519 covers the necessary overhauling of NO. #1 and #2 CFW pumps which ships force discovered leaking just prior to entering the shipyard. RFP 010, WI 0303 covers the replacement and/or repair of the Port Quarter Supply Fan Motor and the Deck Air Compressor Motor as both have failed and are no longer in operation. RFP 033, WI 0409 covers the repair of the SATCOM/LOS Transceiver where parts needed to be replaced with new and/or rebuilt parts in order to bring the equipment back online. RFP 054, WI 0501 covers the SSDG NO. #4 repair which required replacement of multiple parts to get the equipment back online. RFP 060, WI 0104 covers the Clad Welding and preservation of the JP-5 Erosion Plates. RFP 064, WI 0112 covers the repair of the Reserve Feed Water Tanks which is the RFP that required an extension to the ships current availability. The repair is required due to the initial assessment of the Deck and Bulkhead gauging’s (thickness) being below the minimum allowable thickness. 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- I 6-C-4006 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. The ship has already been delayed twelve (12) days due to an unexpected Reserve Feed Water Tank repair and additional delays are unacceptable; as it would delay the ship’s return to service a second time and could have more of a significant impact on the Navy and Air Force. The USNS JOHN LENTHALL (T-AO 189) 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:

Name (Printed)

LEGAL SUFFICIENCY REVIEW:

PH. No.

09/5/2016

Date

Name (Printed)

CONTRACTING OFFICER CERTIFICATION:

PH.No.

13 Sep 16 Date

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

13 Sep 16

Date

Signature

Signature Name (Printed) PH No.