N50054_14003_FBO.pdf

DEPARTMENT OF THE NAVY

NORFOLK SHIP SUPPORT ACTIVITY

CONTRACTS DEPARTMENT

P.O. BOX 215

PORTSMOUTH, VA 23705-0215

J&A Number: 14-003 Code: 411 P.R. No.:

N50054SubPres

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

Contracting Activity

The Naval Sea Systems Command (NAVSEA), Norfolk Ship Support Activity (NSSA), Contracts Division, Code 411.

2. Description of the Action Being Approved

NSSA intends to modify one Firm Fixed-Price, Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract N40025-07-D-7016 with QED Systems Inc. (QED), 4646 Witchduck, Rd., Virginia Beach, VA 23455-6215 to extend the period of performance for the submarine preservation contract. The contractor shall furnish the necessary management, material support services, labor, supplies, and equipment deemed necessary to perform depot level submarine preservation on United States Ships (USS) Naval Ship Submersible Nuclear (SSN), Ship Submersible Ballistic Nuclear (SSBN), and Ship Submersible Guided Missile Nuclear (SSGN) Class submarines

ENCL (1)

J&A Number: 14—003

The contract N40025-07-D-7016 expires on 30 April 2014. A competitive procurement for a follow-on contract is in process, but will not result in a contract award prior to the aforementioned expiration date. This extension will cover the 12-month period from 1 May 2014 through 30 April 2015. Should the follow-on contract be awarded prior to the end of the extension period, no more orders would be placed against the current contract.

3. Description of Supplies/Services

Contract N40025-07-D-70l6 provides the necessary management, material support services, labor, supplies, and equipment deemed necessary to perform depot level preservation on USS Naval SSN, SSBN, and SSGN Class submarines via the issuance of Firm-Fixed-Price task orders. The total value for this extension is estimated to be as much as $46,000,000.00, if the full period of the proposed 12-month extension is required to be utilized. This is in line with the usage during previous periods under the contract. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

Estimated funding type and amount is indicated in the table below:

Funding Type Total Operations and Maintenance, $46,000,000.00 Navy (OM&N)

4. Statutory Authority Permitting Other than Full and Open Competition

10 U.S.C. 2304(d)(l)(B). Only one or a limited number of responsible sources and no other type of supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

In accordance with (lAW) FAR 6.302-l(a)(2), full and open competition need not be provided for when services are available from only one or a limited number of responsible sources, and no other type of services will satisfy agency requirements. This requirement supports the use of the authority cited in 10 U.S.C. 2304(c)(l) and 10 U.S.C.

2304(d)(1)(B). Specifically, in explaining the authority for other than full and open competition based on there being only one source as authorized by 10 U.S.C. 2304(c)(l), 10 U.S.C. 2304(d)(l)(B) establishes that in the case of a follow-on contract for highly specialized services, such services may be deemed only available from only one source when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s needs.

Because only QED can perform the services within the required timeframe, not extending the current contract would cause unacceptable delays in fulfilling the agency’s requirements. As

J&A Number: 14—003 previously stated, a follow-on contract is being processed on a competitive (best value) basis. Allowing the current, competitively awarded contract to expire would force requ ring activities to contract for these services on an ad hoc basis, and would result in unacceptable delays in response times and potentially cause irreparable harm to national interests. Continuity of submarine preservation support is essential in ensuring that NAVSEA is able to meet its mission requirements. These services are crucial to mission readiness. Until the follow-on competitive award can be made for submarine preservation support, continuation of the lone surviving submarine preservation contract which is expiring is the only source that can provide the services within the required timeframes.

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

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than QED to provide the required services. This requirement will be synopsized at FedBizOpps, as required by FAR Subpart 5.2.

7. Determination of Fair and Reasonable Costs

JAW FAR 6.303-2(b)(7), the Contracting Officer has determined that the anticipated cost to the Government for the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

The submarine preservation contract will continue to be competed every five years. An extension of the current contract is essential solely to maintain continuity of services until a follow-on contract is awarded.

J&flua~:. 14-aol

CERTSICAITC$s4 •APPROV4 tfl.IIREQUUtI:MENT&CERTrnCAtION(ns63ó32(b))

.i,thfr that the facts and reflntatjons Undet my cognizance~.w~j~ are included Is justification and its supporting acqwsazon planning d$a, Including Acquisifton Plah No j~, eiCept:js.g~,J herein, are complete aU3dtcurate to thebtst of øküa~E aüd $~akt

LEGAL SUFFICIENCY REVIEW (NMC4R~ 5206303(gofl

.1 have de ~ned this justification is legally sufficient.

CONTRAc’rgç~ OFFICER CERTIFICAUON (FAR 6.303-2(a)(12))

I ce t this justification is accurate and complete to the best of my knoicledge and belief.

APPROV&j, BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification I hereby appmve, as (Senior Procurement Executive of the Navy, Designee of the Head ofthe ContractingActivity, Competition Advocatefor the Contracting Activity, Contracting Officer, as appropri~4e) the solicitation of the proposed procurement(s) described herein using other than lull and open competition, pursuant to the

~f 10 U.S.C. 2304(c)(2).

Date Jerome F. Punderson christina.p.martinez Typewritten Text 4/23/14 christina.p.martinez Typewritten Text christina.p.martinez Typewritten Text