J&A_N50054_18_044_REDACT.pdf

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

Contracts Department

9727 Avionics Loop

Norfolk, VA 23511-2124

J&A Number:

Code: 331

P.R. Number:

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. CONTRACTING ACTIVITY

The contracting activity is the Mid-Atlantic Regional Maintenance Center (MARMC), USN, Norfolk, Virginia, field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF ACTION BEING APPROVED

The justification provides for awarding new work to Marine Hydraulics International, Inc., LLC (MHI) as an exception to the fair opportunity process under contract number

N0002416D4412, delivery order number N50054-17-F-L000 a multiple-award contract delivery order.

3. DESCRIPTION OF SUPPLIES/SERVICES

The work to be performed pursuant to this procurement consists of Repairs to the Number 1B

Main Propulsion Diesel Engine (MPDE) Clutch Assembly for the USS WHIDBEY ISLAND

(LSD 41), in accordance with Work Specification 242-11-001. The procurement will be funded using Fiscal Year 2018 Operations and Maintenance, Navy (O&MN) funds in the estimated amount of $473,956. The Government’s minimum needs have been verified by certifying technical and requirements personnel. The work must begin no later than 8

December and be by completed by 11 May 2018.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

The regulatory authority for this procurement is FAR 16.505(b)(2)(i)(A). The Agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. RATIONALE JUSTIFYING THE EXCEPTION TO FAIR OPPORTUNITY

MHI was awarded delivery order N50054-17-F-L000 on 15 June 2017 to prepare for and accomplish the FY17 Phased Maintenance Availability (PMA) of the USS WHIDBEY

ISLAND (LSD 41) in accordance with Work Item Specification Package No. SSP#TTPC-

LSD41-NSSA17-CN01. All multiple award contract holders (under contracts N0024-16-D-

4411, N0024-16-D-4412, and N0024-16-D-4413) had a fair opportunity to be considered for

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kelly.holland Highlight kelly.holland Highlight kelly.holland Highlight kelly.holland Highlight the award of the delivery order. During the course of contract performance, MARMC

Engineering conducted visual inspection of the 1B Clutch Assembly. The findings from the clutch drum inspection discovered the inner seal will require removing and replacing the clutch assembly. In addition, the clutch drum will need to be disassembled and repaired.

MARMC Engineering recommended to order and replace all the parts for a complete clutch overhaul. The failure of the clutch repair will detrimentally affect ships operating capability.

The Agency’s need for these repairs is so urgent that providing a fair opportunity would result in unacceptable delays.

The work needs to be completed within the stated period in order to be mission capable at the conclusion of the availability, after which the vessel has scheduled operational commitments.

A delay in award of this procurement would result in unacceptable delays resulting in an inability of the vessel to meet its scheduled operational commitments and national mission in time of war.

6. 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 estimated cost of this work item is based upon the Independent Government Estimate, the project manager’s technical knowledge, and history related to this work requirement. The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.

7. ACTIONS TO REMOVE BARRIERS TO COMPETITION

Future acquisitions for similar work will be reviewed by the Contracting Officer on a case by case basis to promote the use of fair competition in the delivery order award process under this multiple delivery-order contract, where possible and practicable in accordance with FAR

Subpart 16.5. In addition, a copy of the change(s) covered by this justification will be forwarded to Code 200, Planning and Engineering, for consideration of similar work requirements in future solicitations.

CERTIFICATIONS AND APPROVAL

*for orders up to $700K

COMBINED TECHNICAL/REQUIREMENTS COGNIZANCE CERTIFICATION (FAR

16.505(b)(2)(ii)(B)(9)):

I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

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

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90):

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR 16.505(b)(2)(ii)(C)):

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

Upon the basis of the above justification, I hereby approve, as Contracting Officer, the award of the proposed procurement as described herein using other than fair opportunity, pursuant to the authority of FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.