J&A_N50054_18_074_(rev)_redacted.pdf

DEPARTMENT OF THE NAVY

COMMANDING OFFICER, NORFOLK SHIP SUPPORT ACTIVITY

9170 SECOND STREET, SUITE 241

NORFOLK, VA 23511-2393

J&A Number: N50054_18_074

CODE: 431

P.R. Number: N5005418PRB3003

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

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 Boat Davit; repairs for the USS WHIDBEY ISLAND (LSD 41), in accordance with Work Specification 583-11-

02. During the course of the contract performance, ships force submitted work notification DA01-WA14, DA01-L015, DA01-ZA79 requesting that an outside activity repair the Boat Davit. This work must commence no later than 15 March 2018 to be complete by 23 August 2018. The original amount of $647,276.00 was approved on 09 March 2018. This revision is being increased by $82,215.00. The procurement will be funded using Fiscal Year 2018 Operations and Maintenance, NAVY (O&MN) funds in the estimated amount no greater than $729,491.00. The Governments minimum needs are verified by certifying technical and requirements personnel.

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-

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NITED STATES OF AMERIC

A samuel.l.lowry Typewritten Text (rev) samuel.l.lowry Typewritten Text

LSD41-NSSA17-CN01. The original availability Period of Performance is 21 August 2017 through 18 May 2018. The end date has been extended until 22 August 2018.

During the course of contract performance, ships force submitted work notification DA01- WA14, DA01-L015, DA01-ZA79 requesting that an outside activity repair Boat Davit;

repair. The repairs to the Boat Davit are an urgent requirement during this CNO availability to allow the boat davit to be fully operational for Sea Trials. Sea Trials is scheduled for 12 August 2018 and the ship cannot sail without a fully operational boat davit for safety issues. Delay in award of this contract change will result in nonoperational capabilities.

The Agency’s need for these repairs is so urgent that providing a fair opportunity would result in unacceptable delays. The work must be integrated with the existing work package, begin no later than 15 March 2018 and by completed by 12 August 2018. It will take approximately 45 days including time for requirements preparations, solicitation, proposal analysis and award to award this using the fair opportunity process. A delay of this length would be unacceptable and cause serious injury to the government as it would impair the PMA schedule, resulting in an inability of the vessel to meet its scheduled, post- PMA operational commitments.

MHI is the only company that is able to perform this work on short notice, within the current PMA schedule.

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.

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

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:

I have determined this justification is legally sufficient.

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

CONTRACTING OFFICER CERTIFICATION

(FAR 16.505(b)(2)(ii)(C)(1)):

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

Signature Name (Print) Phone No. Date

APPROVAL (FAR 16.505(b)(2)(ii)(C)(2)):

Upon the basis of the above justification, I hereby approve, as Competition Advocate of the Procuring Activity, 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).

Signature Name (Print) Phone No. Date kristin.martin

Kristin Martin, Assistant Counsel, Code 100C, 757-396-9177, 5/29/2018 samuel.l.lowry

(757) 396-4712 06/01/2018