N32253_19032_FBO.pdf.pdf

DEPARTMENT OF THE NAVY

PEARL HARBOR NAVAL SHIPYARD

AND INTERMEDIATE MAINTENANCE FACILITY

667 SAFEGUARD ST SUITE 100

JBPHH HAWAII 96860-5033

J&A Number: 19-032 Code: 410.2

P.R. Number: N3225320RC12619

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY&IMF) Contracts Division, Code 400.

2. Description of the Action Being Approved

Award a firm-fixed price contract on a sole source basis for the inspection, maintenance, and repair of #1 and #2 scrubbers and #1 and #2 burners.

3. Description of Supplies/Services

a. Repair of #1 and #2 scrubbers and #1 and #2 burners on board USS CHARLOTTE (SSN 766) at PHNSY&IMF

b. Total estimated dollar value: $600,000

c. Period of performance: 10/21/19 – 03/27/20

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. Rationale Justifying Use of Cited Statutory Authority

The procurement for the inspection, maintenance, and repair of #1 and #2 scrubbers and #1 and #2 burners is appropriate in accordance with FAR 6.302-1(b)(1)(ii) due to only one (1)

NCH 53.6-2

qualified source being available, the original equipment manufacturer (OEM):

Cepeda Associates, Inc.

11100 Decimal Drive

Louisville, Kentucky 40299

The repair of the scrubbers and burners requires proprietary information (i.e., drawings, specification, etc.). The OEM has never released this proprietary information to anyone, including the Government. Cepeda is the only vendor that can perform this work onboard Naval 688 Class Submarines.

Additionally, Cepeda has the required models of scrubbers and burners on all 688 Class Navy Submarines.

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

Offerors as Practicable

A sources sought for market research purposes was posted to Federal Business Opportunities (FBO) on 18 March 2019 for 15 days. The sources sought received no interest from potential contractors. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Cepeda Associates, Inc. to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by the J&A will be fair and reasonable. The Contacting Officer will use Contract N32253-19-C-0005 USS COLUMBIA (SSN-771) awarded on May 22, 2019 as a references for price reasonableness.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, PHNSY&IMF has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, PHNSY&IMF will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

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

TECHNICAL COGNIZANCE: Digitally signed by

DEFRIES.JACOB DEFRIES.JACOB.K.1279918947

Date: 2019.09.05 14:27:52 Jacob DeFries SBS C/420 473-8000 x5280 8/26/19

.K.1279918947 -10'00'

Signature Name (Print) and Title (Code) Phone No. Date

REQUIREMENTS COGNIZANCE:

Digitally signed by

DEFRIES.JACOB DEFRIES.JACOB.K.1279918947

Date: 2019.09.05 14:28:23 Jacob DeFries SBS C/420 473-8000 x5280 8/26/19

.K.1279918947 -10'00'

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

YAMADA.TAMI.MICHIE. Digitally signed by

YAMADA.TAMI.MICHIE.1241981947

1241981947 Date: 2019.09.05 15:40:25 -10'00' Assistant Counsel 473-8000 x3324 9/5/2019

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

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

JONES.ROBERT.D.1104653649

Digitally signed by JONES.ROBERT.D.1104653649 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=JONES.ROBERT.D.1104653649 Date: 2019.09.07 08:47:32 -10'00'

Contracting Officer 473-8000 x5303 9/7/2019

Signature Name (Print) and Title (Code) Phone No. Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as (Senior Procurement Executive of the Navy, Designee of the Head of the Procuring Activity, Designee of the Head of the Contracting Activity, Competition Advocate for the Procuring Activity, Contracting Officer, as appropriate) the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)( ).

(TITLE OF APPROVING OFFICIAL)

Signature Name (Print) Date