Exception to Fair Opportunity.pdf

PDF 265 KB Posted

Attached to
Oily Wastewater Purification Service
Solicitation number
N6264925FB333
Issued by

About this file

Summary: Justification for an Exception to Fair Opportunity (YOK# 26-0019)

This is a Justification for an Exception to Fair Opportunity document issued by the U.S. Ship Repair Facility – Japan Regional Maintenance Center (SRF-JRMC) through the Fleet Logistics Center (FLC) Yokosuka. The acquisition extends Task Order N6264925FB333 awarded to Seaon Environmental, LLC (DUNS: N6264920D0013), a small business contractor, under a Multiple Award Contract (MAC) Indefinite Delivery, Indefinite Quantity (IDIQ) vehicle. The modification provides continued Oily Waste Water (OWW) collection and purification services for the period of February 13, 2026 through March 21, 2026. The services are critical to support Chief of Naval Operations scheduled availabilities, Continuous Maintenance Availabilities, emergent repairs, and Windows of Opportunity for U.S. Navy ship maintenance operations.

The contracting activity justifies the exception to fair opportunity under 10 U.S.C. 3406 and FAR 16.507-6(b)(1) based on urgency, as the agency's need for services is so urgent that providing fair opportunity would result in unacceptable delays and potential service lapses that would harm Navy mission readiness. Seaon Environmental, LLC is identified as the sole active contractor under the MAC IDIQ; the other contractor was debarred on February 17, 2021. Market research was conducted in accordance with FAR 10.001, including posting a Sources Sought Notice on Navy Electronic Commerce Online (NECO), contacting ten potential contractors, and reviewing previous contract performance. Two potential contractors expressed interest and demonstrated capability to provide OWW services. The Contracting Officer will ensure fair and reasonable pricing through negotiation.

View the file

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

SOURCE SELECTION INFORMATION - SEE FAR 2.101 and 3.104

NAVSUPFLCY 4280/5 (Rev. 2-26)

YOK#: 26-0019

Justification for an Exception to Fair Opportunity (Above the SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Justification for an Exception to Fair Opportunity. The requiring activity is the U.S. Ship Repair Facility – Japan Regional Maintenance Center (SRF-JRMC); the contracting activity is the Fleet Logistics Center (FLC) Yokosuka.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of 10 U.S.C. 3406. This is a limited source action to be awarded as a modification of an existing Task Order (TO) to the small business contractor identified in paragraph 3 below. The placement of a firm, fixed price order is anticipated. Approval is requested to extend the period of performance of the TO N6264925FB333, awarded to Seaon Environmental, LLC (N6264920D0013).

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to extend the period of performance of the Task Order (TO) N6264925FB333 awarded to Seaon Environmental, LLC.

The extension will provide for continued Oily Waste Water (OWW) collection and purification services to allow time to award and transition the follow-on efforts for these services. Seaon Environmental, LLC (N6264920D0013) is the sole active contractor as the other contractor ( was debarred on 17 Feb 2021. It is intended to acquire the OWW services to meet the agency’s needs from 13 Feb 2026 to 21 Mar 2026 with an estimated value of .

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY RATIONALE AND/OR

DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: This acquisition is being made under the authority of 10 U.S.C. 3406 and 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.

(a) The reason for the extension of the TO is to continue OWW purification services and to successfully complete planned maintenance such as major Chief of Naval Operations (CNO) scheduled availabilities and Continuous Maintenance Availabilities (CMAVs), which is subject to frequent schedule shifts and extensions driven by real-world operational commitments. In addition, the command must constantly respond to unplanned maintenance availabilities such as emergent repairs (EMAVs) and Windows of Opportunity (WOOs) to satisfy a present, mission-critical need, which by nature are unpredictable. It is beneficial to the Navy to continue these services as a lapse in service for these critical services will cause immediate and serious injury to the U.S. Government.

(b) As explained above, Seaon Environmental, LLC is currently the sole active contractor under the Multiple Award Contract (MAC) Indefinite Delivery, Indefinite Quantity (IDIQ), There is not enough time to solicit and award this requirement outside of the MAC IDIQ without a break in services. A potential break in service would have severe impact to deploying/deployed strike groups and U.S. Navy mission readiness.

5. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will ensure that the price negotiated for this procurement is fair and reasonable

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have conducted market research in accordance with FAR 10.001. A Sources Sought Notice (SSN) was posted on the Navy Electronic Commerce Online (NECO), ten (10) potential contractors and knowledgeable individuals in the Government and industry were contacted, reviewed results of recent market research of similar or identical requirements, and searched the internet before the solicitation of the OWW follow-on.

As a result of market research, two potential contractors expressed interest. Previous contracts awarded by NAVSUP FLC Yokosuka and Sasebo revealed that the two (2) contractors who expressed interest have the capability to provide the required OWW services recycling services The requiring activity certifies

SOURCE SELECTION INFORMATION - SEE FAR 2.101 and 3.104

NAVSUPFLCY 4280/5 (Rev. 2-26)

N/A

Signature Name (Printed) Phone No. Date

See next page for Approval blocks for requirements in excess of $100M. Only if the J&A has a value of over $100M but less than $500M, include the following signature block:

HEAD OF PROCURING ACTIVITY

APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

3204(a)(x)(provide appropriate citation).

Only if the J&A has a value in excess of $500M, include the following signature block:

SENIOR PROCUREMENT EXECUTIVE

APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

3204(a)(x)(provide appropriate citation).

NOTES: All italicized verbiage should be deleted from the signature page. Remove all of the “APPROVAL” signature blocks for J&As valued at less than $500M. Include the only appropriate “APPROVAL” signature block for J&As valued in excess of $500M. Lastly, get all of the signatures on one page.

File details come from the government source that posted it. Updated .