N3904025P1020 P00001 Justification PL-2399 Redacted.pdf

Navy Marine Corps Acquisition Regulation Supplement MARCH 2026 (Change 26-03)

Ser 410/007

J&A No. PL-2399

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The Naval Sea Systems Command Portsmouth Naval Shipyard (PNSY) Contracting Division, Kittery, ME.

The requiring activity is PNSY .

2. Description of the Action Being Approved.

The Navy intends to execute a bilateral modification to incorporate FAR 52.217-8, Option to Extend Services, into Contract N39040-25-P-1020 awarded to Bamajack, LLC, and to extend that contract for six-months (1 May 2026 to 30 October 2026) at an estimated value of $43,393.33. FAR 52.217-8, Option to Extend Services, was included in the solicitation, but was not evaluated or incorporated into the contract when awarded. As a result, exercising that option now is an out-of-scope change to the contract which the agency must justify.

Consistent with the clause, the proposed modification will extend the performance using the rates specified in the base period of performance. This modification will be funded using Fiscal Year 2026 Operations & Maintenance, Navy funding.

This extension will ensure the continuation of maintenance and repair services of power sources utilized at PNSY.

3. Description of Supplies/Services.

On 1 May 2025, the Contracting Office awarded Contract No. N39040-25-P-1020 to Bamajack, LLC to provide continuous Preventative (scheduled) and Remedial (unscheduled) maintenance services of Diesel Generators (Caterpillar Models 3512C and C32) and their ancillary components from 1 May 2025 to 30 April 2026 to ensure operational reliability and availability. That contract was valued at $160,130.94. The diesel generators are a power source .

4. Statutory Authority Permitting Other Than Full and Open Competition.

This action is authorized under 10 U.S.C. § 3204(b)(B)(ii), only one responsible source and no other supplies or services will satisfy agency requirements without resulting in unacceptable delays to the Government. This authority is further implemented in FAR 6.103-1

5. Rationale Justifying Use of Cited Statutory Authority.

Portsmouth Naval Shipyard intends to modify the performance period of Contract No. N39040-25-P-1020, awarded to Bamajack, LLC, and is generally required to compete that contract action unless an exception applies. Here, the Navy has determined that the maintenance and repair services are highly specialized services that are available from only one responsible source and no other type of services will satisfy the agency’s needs. The Navy is in the process of preparing the solicitation for the follow-on contract; that process has been delayed because of the need to revise the statement of work and solicitation to support a longer-term contract (3 to 5 years), to incorporate personnel and contractor qualifications and to obtain approval to include time and materials CLINs in the contract. The Navy anticipates issuing that solicitation on or about 29 May 2026 As a result, there is insufficient time and resources available to award this six-month extension on a competitive basis without further delaying award of the follow-on contract. Even if it were possible to compete the extension, doing so would result in the award of a contract with an abbreviated performance period because of the time necessary to compete that order and then phase in that new contractor. Competing the extension and transitioning to a new contractor under that compressed timeline creates significant operational risk and enhances the possibility that PNSY will experience disruptions in the performance of the Maintenance and Repair of these essential power supplies. That potential disruption would be magnified if the Navy were required to transition to another contractor to perform the follow-on contract a few months after the extension is awarded.

This contract extension is necessary to support OP-4 requirements by ensuring diesel generator systems are maintained in a 100% operational status. A sole-source action is the most effective approach to guarantee continuity of service and eliminate the risks associated with a contractor transition during this 6-month period.

Maintaining the current provider ensures there is no gap in service, which is paramount for a system requiring constant availability.

Proceeding with full and open competition for a short-term extension would cause unacceptable delays and inefficiencies in fulfilling the Navy’s needs. The time required for solicitation, evaluation, and award process, followed by a new vendor's mobilization and familiarization, would exceed the intended period of performance and introduce a period of heightened risk for these units. This disruption would present an unacceptable risk.

Therefore, extending the current contract is the most efficient, risk adverse, and cost-effective course of action too.

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

The Government has conducted market research and identified three sources that are capable of performing the follow-on contract. The Government has not conducted market research focused solely on the ability of these or other companies to perform the extension proposed here given its abbreviated nature and the operational impacts if the Navy were to compete that action or were to experience a disruption in services.

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 rates proposed on Bamajack LLC’s quote for a total of $43,393.33 are identical to the rates awarded and agreed to in the base contract. Costs on the base contract for N3904025P1020 were determined fair and reasonable based on adequate price competition and through supporting historical comparison to pricing on contract N3904024P0186. As Bamajack LLC’s proposed costs at the line-item level for the extension are the same as were found fair and reasonable at contract award, the proposed costs are determined to be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

In the future the Government intends to solicit, compete and award a follow-on acquisition for the continuation of diesel generator preventative and remedial maintenance services prior to1 October 2026. This is the end date of the requested modification extension period. The Government is developing a firm fixed price contract for maintenance services, which will include a time and materials unplanned parts line item. The contract will be for a twelve-month period with options for an additional two years.

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) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone 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) Phone No. Date

Upon the basis of the above justification, I hereby approve, as Competition Advocate for Code 400 PNSY procuring activity, 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. 3204(b).

Signature Name (Printed) Phone No. Date