J&A_Mod_4_Redacted.PDF

J&A No. N32205-17-C-4701

JUSTIFICATION AND

APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

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

2. Descrintion of the Action Being Anproved: This justification is covering only the portion of the acquisition where additional unanticipated work is required to meet recently assigned ship mission requirements. This justification approves an out-of-scope modification ofan existing contract for the inclusion of two (2) new work items under contract N32205-17-C-4701 for the Post Shakedown Availability & Dry Docking (PSAJDD) of the USNS CARSON CITY (T-EPF 7) for “additional requirements” per section H-3 of the contract awarded to Detyens Shipyards, Inc.

This work was unanticipated and is critical to the ship’s mission-ready status. All work to be performed under this 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 and health of the crew

b) Mission Requirement to operate in austere geographic locations

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 ready for immediate deployment.

Work Items:

• 701: Adaptive Force Package Temporary Sensitive Compartment Infonnation Facility (T-SCIF)

• 703: Adaptive Force Package Antenna Infrastructure Installation

3. Description of SunuJies/Services: MSC Norfolk requires qualified shipyard representatives to accomplish the requirementr ~fW1~.r1r T~’~ms (WIs) 701 and 703. For this 60 day PSAJDD availability, the estimated dollar value of the 2 WIs is , which will be funded utilizing FY 17 Operations & Maintenance funds.

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

5. Rationale Justifying Use of Cited Authority: The USNS CARSON CITY has started a shipyard package at Detyens Shipyards, Inc. in Charleston, SC and in the interest of economy and efficiency it would be logical to add the new work items to the current shipyard package. Competing the new work items could possible delay completion of the availability, MSC could incur additional costs due to delay and the mission of USNS CARSON CITY would be jeopardized because it is being tasked immediately after the availability to the 6th Fleet.

Total growth during shipyard availability cannot normally be predicted until all systems have been opened and inspected. All MSC Expeditionary Fast Transport vessels have regularly scheduled PSAIDD within one (1) year of MSC taking ownership of the vessel. Due to the USNS CARSON CITY’s mission, major scheduled availabilities only happen once a year and there is no other window of opportunity to make these repairs prior to the ship being deployed for an extended period of time. The requirements to add these work items could not have reasonably been foreseen.

a. WI 701: Adaptive Force Package Temporary Sensitive Compartment Information Facility (T-SCIF):

This work item requires contractor services to perform the installation of a T-SCIF. The T-SCIF is a mission critical install for this ship and is required for her upcoming deployment. T-SCIF onboard USNS CARSON CITY provides Military Detachment (MD) onboard USNSS CARSON CITY with the capability of handling sensitive information lAW Operation Security requirements. Without TSCIF, the MD will not have capabilities necessary to operate in upcoming activities. This work item cannot be delayed because a delay would adversely affect National Security.

b. WI 703: Adaptive Force Package Antenna Infrastructure Installation:

This work item requires contractor services to install special mission antenna foundations. The Navy is requiring additional antenna capabilities on USNS CARSON CITY and the antenna foundations installed with this Work Item provide these capabilities. This work item cannot be delayed because USNS CARSON CITY is scheduled to deploy on a special mission and will need these foundations in order to support mission.

6. Descrintign of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Post Shakedown contract N32205- 1 7-C-470 1 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 tirneline. Given that the vessel is only in the shipyard until 16 June 2017 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 CARSON CITY could not deploy and be mission-ready without these critical repairs to support the 6th Fleet Area of Responsibility and safety for the ship and crew.

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 CL1N of the contract, which was competitively awarded. All ofDetyens Shipyards, Inc. proposed prices will be compared to an IGE.

Additionally, the Contracting Officer will determine that all REPs settled are fair & reasonable in accordance with

FAR PART 15.

8. Actions to Removed Barriers to Future Competition. In this case, the limitation on competition is a result of new 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 PAIDD 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 Qie work package to be competed to the maximum extent possible.