OICCME JA 21-001-P381 MultiMission DryDock 1 Temp Pumps_Redacted.pdf

DEPARTMENT OF THE NAVY

OFFICER IN CHARGE OF CONSTRUCTION PORTSMOUTH NAVAL SHIPYARD

23 WYMAN AVENUE

PORTSMOUTH, NH 03804

J&A No. OICC PNSY 21-001

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity is Department of the Navy, Naval Facilities Engineering Systems Command (NAVFACSYSCOM) Atlantic/Officer in Charge of Construction, Portsmouth Naval Shipyard in Kittery, ME.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) requests authorization for the award of an out-of-scope contract modification for Temporary Drainage and Dewatering System for PNSY Dry Dock #1 to Cianbro Corporation as a part of Military Construction project (MILCON) P-310 Dry Dock #1 Superflood Basin (P-310). These systems support temporary requirements to maintain certification of the dry dock during construction of MILCON P-381 Multi Mission Dry Dock #1 (P-381).

3. Description of Supplies/Services.

As explained in Section 5 below, P-381 requires installation of a temporary dewatering system to allow for continued dry dock operations as the project progresses. The items to be procured and installed include three (3) each 12,000 gallon-per-minute dewatering pumps including all valves, piping, controls and monitoring systems, allowing for certified operation of PNSY Dry Dock #1.

This system will be installed via this modification and is valued at approximately $17.9 million using P-381 Fiscal Year 2021 MILCON funds.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority for this acquisition permitting other than full and open competition is 10 U.S.C.§ 2304(c)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

P-310 is a MILCON to construct a super flood basin at the entrance to Dry Dock #1 (DD1). This project includes: construction of the south closure wall, entrance structure, west closure wall, improvements to Berths 1, 2, and 11, as well as the installation of super flood pump system on the south closure wall. In November 2019, the Navy awarded P-310 to Cianbro Corporation.

The current contract completion date is February 2022 to support the docking of

J&A No. OICC PNSY 21-001

P-381 is a MILCON to construct a partitioned addition to DD1 within the super flood basin area constructed by P-310. The addition will consist of two bays, labeled DD1 North (DD1N) and DD1 West (DD1W). The existing DD1 will be renamed DD1 East (DD1E). Both DD1N and DD1W will be of sufficient size and depth to support the maintenance and overhaul of Virginia (VA) Class submarines, Blocks I-IV. DD1E will remain operational throughout all of P-381

P-381 requires taking the existing dry dock pump well out of service while is in dock. Unified Facilities Criteria (UFC) 4-213-10, Graving Dry Docks, and Military Standard

(MILSTD) 1625D, SAFETY CERTIFICATION PROGRAM FOR DRYDOCKING

FACILITIES AND SHIPBUILDING WAYS FOR U.S. NAVY SHIPS, establish the requirements for the configuration and operation of U.S. Navy Dry Dock facilities. UFC 4-213- 10, Section 7, establishes the various design criteria that must be met and MILSTD 1625d, Section 5, establishes a variety of operating characteristics, e.g. a certified and redundant drainage system must be present any time a U.S. Navy vessel is in dry dock. Due to the continuous operations the Fleet requires within Dry Dock #1 the installation of these systems must be complete and fully certified prior to the scheduled submarine docking in .

This Justification and Approval seeks to award the Temporary Drainage and Dewatering System for PNSY Dry Dock #1 Modification to Cianbro Corporation as a modification to P-310. The P-381 procurement is ongoing with considerable unanticipated delays due to funding issues.

However, to meet critical Fleet mission requirements, P-381’s temporary pumps are necessary now due to the work required prior to the Fleet’s schedule to use the dry dock.

Currently, P-310’s contractor, Cianbro, is mobilized and completing construction in the same footprint where the pumping systems are required. Cianbro has the ability and expertise to procure and install the pump systems within the required timeframe. P-310 is also undertaking an underwater blasting program which precludes contractors not associated with P-310 from working in the area during the required period of performance. The required pumps are to be installed within this exclusion area, therefore, any other contractor would not be allowed to work on the system until all blasting was completed. Blasting is scheduled to begin in and complete in with pump installation via this modification requiring approximately eight months which is impacted by the long lead-time required to obtain the pumps. This would delay the completion of the pump installation along with the docking of .

If the pumps are not installed by , would not be dry docked on schedule for its engineered refueling overhaul (ERO) as established by Naval Sea Systems Command. This vessel’s overhaul, part of the Navy’s Los Angeles Class Service Life Extension Program (SLEP), . Failure to execute the docking of defers and delays all subsequent EROs in Dry Dock #1 (

) and would also impact the execution of MILCON P-381 which addresses a

Additionally, waiting for P-381’s award would result in further delays to the execution of this project, leading to further delayed submarine availabilities and additional costs due to deferred critical path construction activities. Delays to the execution of P-381 directly impacts Fleet readiness,

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Per FAR 5.202, efforts to solicit offers is not practicable. The schedule to procure and supply the pumps in time to support the docking of requires procurement by June 2021 and ability to install the pumps in the dry dock. The contractor for P-310 is currently mobilized to the area and is completing work inside of Dry Dock #1. Due to the blasting work described above, no other contractor is allowed access to this area in the required timeframe. The Government will not synopsize the requirement, as other vendors would not be permitted to work in the required area.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, this is a one-time exception to full and open competition. There are no plans at this time to compete future contacts for the type of supplies/services covered by this document. The Government is proceeding with diligent procurement of P-381 to avoid similar situations in the future.

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.

Technical and Requirements Cognizance:

el Date

NAVFAC OICC PNSY

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

in Date

NAVFAC Mid-Atlantic

OICC PNSY DIVISION DIRECTOR CONTRACTING OFFICER CERTIFICATION

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

er Date

OICC PNSY COMMANDING OFFICER CERTIFICATION

Date

6/22/21

ECHELON III CHIEF OF THE CONTRACTING OFFICE CERTIFICATION

NAVFAC Atlantic

ECHELON III COMMANDER CERTIFICATION

NAVFAC Atlantic

APPROVING OFFICIAL (NPGI 6.304) –ASSISTANT COMMANDER FOR

CONTRACTING

Upon the basis of the above justification, I hereby approve the contract modification described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (c) (2).

Assistant Commander for Contracting

NAVFAC