JA Fuel Oil Purifier Overhaul REDACTED.pdf

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

Contracts Department 9727 Avionics Loop Norfolk, VA 23511-2124

J&A Number: N50054-26-067

Code: 422.1 P.R. Number: N00024-26-C-4403

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), United States Navy (USN), Norfolk, Virginia, field activity of the Naval Sea System

Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF THE ACTION BEING APPROVED

This justification provides for the procurement of additional work under Contract Number:

N00024-26-C-4403 awarded to BAE Systems, Norfolk, VA

3. DESCRIPTION OF THE SUPPLIES/SERVICES

The work to be performed pursuant to this procurement consists of performing the following work on the USS FORREST SHERMAN (DDG 98):

Overhaul of #1 Fuel Oil Purifier, in accordance with Specification Item 541-22- 004 and Overhaul of #2 Fuel Oil Purifier, in accordance with Specification Item 541-22-

002. The work will be accomplished utilizing Fiscal Year 2026 Operation and Maintenance, Navy (OPN) funds in the estimated amount of $146,089. The work must commence no later than June 08, 2026 to allow the Prime Contractor to plan and integrate it into the existing large and complex work package. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

Estimated Dollar Value

FY26 – OPN

Total

RDT&E N/A

OPN $146,089

stephanie.holland Inserted Text

O&MN N/A

Total $146,089

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

The statutory authority for this procurement is 10 U.S.C.3204(a)(2), Unusual and compelling urgency, as implemented by Section 6.302-2 (a)(2) of the Federal Acquisition Regulation (FAR) which permits limiting competition when delay would result in serious injury to the Government.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

BAE SYSTEMS, NORFOLK was awarded Firm Fixed Price contract N00024-26-C-4403 on November 10, 2025 to prepare for and accomplish the Docking Depot Modernization Availability (CNO) TPPC-DDG98-MARMC26-CN01 for USS FORREST SHERMAN

(DDG-98).

Due to the USS FORREST SHERMAN (DDG-98) operational schedule, modernization an unusual and compelling urgency precludes procurement of the above reference work through full and open competition. This new work is required to accomplish an overhaul of #1 and #2 Fuel Oil purifier. The Navy Fleet Commander directed fuel oil purifier parts be removed from USS Forrest Sherman and provided to USS McFaul (DDG-74) in support of its deployment commitments which rendered USS Forrest Sherman’s purifiers inoperable, thus requiring repairs. The Purifiers are a vital component of the ship's propulsion and power generation system. Without this equipment the ship has no way to remove containments in the fuel prior to use, which means they are unable to maneuver or generate power for the ship. If this work is not accomplished, USS FORREST SHERMAN will not be able to successfully complete the current CNO avail. This new work must be integrated with the existing Dry-Docking Depot Modernization Availability work package to ensure alignment to the ships operational commitment following the CNO avail. The end of the availability date for the (CNO) Avail is August 10, 2027. Any prolonged postponement in the award of this procurement would result in not completing on time for the vessel to meet its scheduled operational commitments and intended performance of the ship’s National mission in time of war. The USS FORREST SHERMAN has an immediate follow-on deployment and would therefore would not allow for the purifiers to be repaired in another availability.

The Agency’s need for these repairs is so urgent that providing a full and open competition would result in unacceptable delays, schedule disruptions and inability for the to ship to meet its operational commitments following this CNO avail. If the government were to complete this using full and open competition process, the government would have greatly surpassed the services need by date, which would be catastrophic for this modernization availability and cause delays in future deployment requirements, at the fault of the government.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY

OFFERORS AS PRACTICABLE.

For reasons set forth in paragraph 5, BAE System, Norfolk is the only company able to perform the required work as the ship is currently in BAE’s dry-dock and is essential for the delivery of a mission capable ship. Bringing in another offeror to complete the overhaul of the Fuel Oil Purifiers would burden BAE Systems, Norfolk from completing the originally scheduled maintenance. This would cost the Navy additional money, time with coordination of a new contractor, and would impact the follow on deployment scheduled to complete this repair.

7. DETERMINATION OF FAIR AND REASONABLE COST

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 historical data as well as the Independent Government Estimate (IGE) and the Project Manager’s (PM) technical knowledge associated with the estimated man hours and material costs to complete this work. Additionally, the contractor’s fully burdened ship repair labor rate and material burden rate were determined to be fair and reasonable at time of contract and delivery order award. The supported information provided should be sufficient to support the fair and reasonable cost determination of the procurement.

8. ACTIONS TO REMOVE BARRIERS TO COMPETITION

For reasons set forth in paragraphs 6 and 7 above, market research was not conducted. The critical nature of the work required that it be started immediately. For future acquisitions on similar work will be reviewed by the Contracting Officer on a case-by-case basis to promote the use of fair competition award process under this contract, where possible and practicable in accordance with FAR Part 6.302-2 (a)(2). 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 Part 6.302-2 (a)(2):

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: _____________________________________ Date: ________________

Print: Joseph McCoy, PM 300

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

Signature: _____________________________________ Date: ______________

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.

Signature: _____________________________________ Date: ______________