JA RCC 17N redacted.pdf

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USS CARTER HALL CMAV J&A RCC 17N
Solicitation number
N50054-27-0012
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About this file

This is a Justification and Approval (J&A) document for use of an exception to fair opportunity in federal contracting.

The Mid-Atlantic Regional Maintenance Center (MARMC), a Navy field activity under Naval Sea System Command, is justifying a non-competitive award to East Coast Repair & Fabrication for additional work under existing Firm Fixed Price Contract N0002422D4408 and Delivery Order N5005426FL012. The work involves Collecting, Holding and Transfer (CHT) Piping repairs onboard USS CARTER HALL (LSD 50) during its Continuous Maintenance Availability (CMAV), specifically addressing cracked pipes and inner wall deterioration per Specification Item 593-11-003, as generated by Request for Contract Change 17N. The statutory authority cited is FAR 16.507-6(b)(1), based on urgent agency need that would result in unacceptable delays if full and open competition were provided. The justification emphasizes that East Coast Repair & Fabrication already has equipment in place and personnel onboard, and adding another contractor would create scheduling conflicts incompatible with the vessel's fleet mission commitments. The estimated cost determination is based on historical data, Independent Government Estimate, Project Manager technical knowledge, man-hour estimates, and material costs, with the contractor's fully burdened ship repair labor rate and material burden rates determined fair and reasonable at contract award. No market research was conducted due to the critical nature of the work. The document includes certifications from the Project Manager (William Bryan Garrett, Code 332) and Combined Contracting Officer Certification and Approval signature blocks, with a commitment to review future similar work on a case-by-case basis to promote full and open competition where practicable.

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DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

9727 AVIONICS LOOP

NORFOLK, VA 23511-2325

J&A Number: N50054-27-0012

Code: 426.2 P.R. Number: N5005426PR00213

JUSTIFICATION AND APPROVAL

FOR USE OF EXCEPTION TO FAIR OPPORTUNITY

JUSTIFICATION

1. CONTRACTING ACTIVITY

The Contracting Activity is the Mid-Atlantic Regional Maintenance Center (MARMC), United States Navy USN, Norfolk, Virginia, a field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF THE ACTION BEING APPROVED

This justification provides the supporting rationale for the determination to include additional work under the Firm Fixed Priced (FFP) Contract N0002422D4408 and Delivery Order N5005426FL012, awarded to East Coat Repair & Fabrication on a non-competitive basis in order to fulfill the requirements associated with the USS CARTER HALL (LSD 50), Continuous Maintenance Availability (CMAV), TPPC-LSD50-

MARMC26-S003.

3. DESCRIPTION OF THE SUPPLIES/SERVICES

The work to be performed consists of Collecting, Holding and Transfer (CHT) Piping repairs onboard USS CARTER HALL (LSD 50) in accordance with Specification Item 593-11-003, generated by Request for Contract Change (RCC) 17N. This new work will be accomplished

. This new work must be integrated into the existing technical and requirements personnel.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

The statutory authority for this procurement is FAR 16.507-6(b)(1). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

IAW FAR 16.507-6(b)(1) this procurement must be issued on a non-competitive basis due to the urgency of the required support which is under the same availability currently in execution and includes the same period of performance as the awarded delivery order period of performance. This additional work must be issued under a non-competitive basis because if the Government were to provide for fair opportunity, the entire schedule would be requirement.

The mission of the USS CARTER HALL (LSD 50) is to transport and deploy Marine personnel, landing craft, vehicles, and cargo using landing craft and helicopters in support of military and humanitarian assistance operations. The LSD class of ship acts as an invaluable component to Joint Navy-Marine Expeditionary Units (ARG/MEU). The Collecting, Holding and Transfer (CHT) Piping system requires repairs due to a crack and inner wall deterioration of the pipes. The CHT system is designed to allow black and grey water to be collected in the main CHT tank.

work identified in this RCC must be completed to allow

Collecting, Holding and Transfer (CHT) Piping system to support the

East Coast Repair & Fabrication has the equipment already in place to support this work, and an additional contractor onboard to complete this requirement would require additional time that the current schedule cannot support.

To award this work to a contractor other than East Coat Repair & Fabrication would result in unacceptable and costly delays to the USS CARTER HALL (LSD 50). The work must be integrated with the existing work package.

For the USS CARTER HALL (LSD 50) to meet its fleet mission commitments, East Coat Repair & Fabrication has the required equipment and is the only company able to meet the Government's immediate requirement to provide repairs Collecting, Holding and Transfer (CHT) Piping system. East Coat Repair & Fabrication provides the Government with the appropriate avenue to accomplish this repair within the allotted Period of Performance.

accomplished.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OTHER OFFERS

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 estimated man hours and material costs to complete this work. Additionally, the 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.

7. ACTIONS TO REMOVE BARRIERS TO COMPETITION

For reasons set forth in paragraphs 5 and 6, market research was not conducted. The critical nature of the work required that it be started immediately. Future acquisitions for similar work will be reviewed by the Contracting Officer on a case-by-case basis to promote the use of full and open competition in the acquisition process where possible 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 MARMC Code 200, Planning and Engineering, and Code 300, Waterfront Operations, for consideration of similar work requirements in future solicitations.

CERTIFICATIONS AND APPROVAL

COMBINED TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 16.507-

6(d)(2)(ix):

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.

Date: ________________

Print: (Name) William Bryan Garrett (Title) Project Manager (Code) 332 (Phone) 757- 837-9197

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