redacted 235N EFOM_Redacted.pdf

Exception to Fair Opportunity Template Update AUG 2018 inspections. Mold remediation will require the removal of the panels, testing, and the cleaning of the mold to verify it is safe for personnel. This work is required to be accomplished due to quality of life for the sailors. Mold can cause individuals to become sick, and due to the amount of mold identified on this ship is found unsafe. Without remediations made, the commanding officer of the USS Charleston will be forced to shut down all showers as they are unsafe, which will impact quality of life for sailors and present a significant health and safety risk. Sea trials will be impacted as the crew will not be able to use 26 bathrooms (heads) and showers, resulting in the Government being forced to move milestones that will cost the government more than the total cost of RCC 235N. Ships force requires all bathrooms (heads) and showers be readily available to support the Navy mission to deploy. To determine repair time based on amount of mold found, it would be twelve hours a day and an estimated two to four days per location, which includes taking one to two days for collecting samples and one to two days to clean and preserve. Mold remediation for the affected location is estimated at $200,000 - $300,000. Adding this work item to the existing Delivery Order under BAE is in the best interest of the Government in order to complete the scheduled availability with BAE support services already in place. Introducing another contractor at this stage will create inefficiencies during execution. The ship is already in their DSRA, at BAE shipyard. Opening this requirement for solicitation will result in further delays to the schedule and interfere with current contractor accomplishing the ship alt. Having another contractor or soliciting this work would delay the schedule and affect milestones putting Availability completion due date at risk which in-turn, affects multiple other Naval ship schedules in the fleet. The Contracting Officer reviewed the justification and has determined it to be accurate and complete to the best of his knowledge and has determined that the anticipated cost to the Government is fair and reasonable.

d. It is necessary to place an order to satisfy a minimum guarantee.

e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

5. Determination of Fair and Reasonable Cost A thorough review and analysis, with regard to price and scope, of the BAE COPA for RCC 235N has been conducted by the Project Manager (PM) and the Maintenance Team (MT) then been accomplished by price analysis, cost element analysis, and technical analysis was for reasonableness of labor hours in accordance with FAR 15.404-1(b)(2)(vii) and FAR 15.404- 1(e)(1). A combination of the MT technical knowledge and skills along with the awarded Section J Attachment J-3 was used to determine the COPA to be fair and reasonable.

6. Any Other Facts Supporting the Justification This Delivery Order has already been solicited to MAC IDIQ contract holders and all were provided the opportunity to submit their proposals. BAE, with this awarded delivery order contract, is contracted to provide services the ship will be in their facility, thus the inefficiencies of competing this requirement will not overcome the unacceptable delays that would accrue from waiting for a contract award for a representative whose function is to coordinate hot work notification and execution, for each repair activity work performed during the contract performance period. Given the nature of the solicitation, the urgency and current ship location, serious injury to the government. A notice in accordance with FAR Subpart 5.2 will not be publicized based on the exception in FAR 5.202(a)(2).

7. Actions Taken to Remove or Overcome Barriers that Led to the Exception to Fair Opportunity.

Upon discovery of the mold in the bathrooms (heads) and showers, discussions were commenced with Government leadership to analyze the best course of action given the Availability schedule and the available options. Due to the time restraint on when the work was to be completed to not impact the overall availability schedule and various other sequenced working events, it was determined that there was not sufficient time to solicitate out the new work as this would take a minimum of 45 days to receive an awarded contract. Between the MAC IDIQ holders, it was not guaranteed that BAE would be successful in obtaining this scope of work, which means, there would have additional time delays to get the awarded company access for this company to complete the work from set up to tear down. Cost was also a factor as BAE would most likely have the better price due to already having the ship in their shipyard and the services already made readily available. Due to the high likely hood of a higher cost to the government and unacceptable timeframes outside the awarded availability schedule, it is in the include this new work into the existing delivery order.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 16.505(b)(2)) I certify that the facts and representations under my cognizance, which are included in this Justification and which form a basis for this justification are complete and accurate.

Technical Cognizance/or COR:

Signature:_ _______________

Printed/Typed Name and Title Code Phone Date

LEGAL REVIEW (SWRMCINST 5430.1B): (>$250,000)

Signature _

APPROVAL:

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)): (>$3,500 to <$700K) I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signat

REVIEW:

2.0 BRANCH HEAD (FAR 16.505(b)(2)): (>$700K)

Signature:____________________________________________________________________

COMPETITION ADVOCATE (FAR 16.505(b)(2)) (>$700K to $13.5M):

Signature:_____________________________________________________________________

HEAD OF THE CONTRACTING ACTIVITY (FAR 16.505(b)(2)) (>$13.5M to $93M):

Signature:_____________________________________________________________________