Justification_for_Exception_to_Fair_Opportunity_Memo_-_N62583-09-D-0065-0016-REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING AND EXPEDITIONARY WARFARE CENTER

1000 23RD AVENUE

PORT HUENEME CA 93043-4301

IN REPLY REFER TO:

JA-13-031

30 August 2013

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity. Naval Facilities Engineering and Expeditionary Warfare Center

(NAVFAC EXWC) Acquisitions

2. Description of the Action Being Approved. Request for fair opportunity exemption to award a non-competitive modification to Truston Technologies, Inc. (TTI) Task Order 0016 under indefinite-delivery, indefinite-quantity (IDIQ) multiple award contract (MAC) N62583-09-D-

0065.

3. Description of Supplies/Services.

This Justification covers the defueling and refueling of the single point mooring (SPM) fueling buoy, under-buoy hoses, seafloor pipeline-end-manifold, and two subsea pipelines along with a minor mooring repair at the Tengan Petroleum Handling Facility (TPHF), in Okinawa, Japan.

The requirement for defueling and refueling was not known prior to award of the base task order.

The period of performance for this de-fueling and re-fueling effort ends 31 March 2014 and is estimated to cost , using MILCON funding, which expires 18 January 2017.

Approval for exception to fair opportunity is requested for the full estimated cost.

4. Authority for Fair Opportunity Exception and Supporting Rationale.

The authority permitting this fair opportunity exception is FAR 16.505(b)(2)(i)(C), which states the following: “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

Under Task Order 0016 (Contract N62583-09-D-0065), TTI is providing engineering services, including: fabrication of a new seafloor pipeline end manifold; removal of the SPM fueling buoy currently in service at TPHF in Okinawa; removal of the seafloor pipeline end manifold currently in service; installation of the SPM fueling buoy currently on standby; and installation of the new seafloor pipeline end manifold.

Defueling and refueling operations are an integral part of the original SPM fueling buoy/seafloor pipeline-end-manifold swap-out activities included in the basic task order. As part of the basic task order to remove the existing manifold, TTI divers are required to disconnect valve assemblies for recovery to the surface and ultimate replacement. The new tasking requires divers to drain the fuel from the manifold during the swap-out process and to build an underwater canopy to collect and remove any fuel that may seep into the water column.

However, only one work barge can physically be situated on-site during the swap-out activities.

TTI will already be onsite to deploy divers and raise/lower equipment to the seafloor.

Employing another contractor to collect the residual fuel/seawater would require a second barge.

Since the manifold swap-out cannot be performed without the defueling and refueling operations and since only one barge can be onsite during the swap-out activities, TTI is the only logical choice to perform this tasking. Establishing additional sources to complete this tasking would result in added performance and environmental risks, substantial duplication of effort, additional cost, and failure to meet program schedule requirements.

5. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. The initial requirement was competed amongst the five MAC holders on 7 March 2012. No additional market research was conducted because it is not practicable, for the reasons discussed in Paragraph 4 above, for any company other than TTI to provide the required services.

6. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the price fair and reasonable for the services covered by this Justification using cost and price analysis techniques described in FAR Part 15.

7. Actions to Remove Barriers to Future Competition. To the extent practicable, NAVFAC

EXWC plans to include any future follow-on SPM buoy maintenance tasking under the Ocean

MAC as an option to the basic task order.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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