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J&A Number: N50054_20 035

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

CONTRACTS DEPARTMENT

9727 AVIONICS LOOP

NORFOLK, VA 23511-2124

J&A Number: N50054_20_035

CODE: 432

P.R. Number: N5005419FL022

JUSTIFICATION FOR AN 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, field activity of the Naval Sea System Command (NAVSEA), Washington, DC.

2. DESCRIPTION OF ACTION BEING APPROVED

This justification provides for the procurement of new work under Delivery Order N50054-19-F-L022 awarded to General Dynamics NASSCO-Norfolk as an exception to the fair opportunity process under Contract N00024-16-D-4413, a multiple-award IDIQ contract.

3. DESCRIPTION OF SUPPLIES/SERVICES

The procurement consists of replacing the Main Air Ejector Condenser onboard USS KEARSARGE (LHD-3) in accordance with Specification Item 254-11-004, generated by Request for Contract Change (RCC) 113N. The repairs will be accomplished utilizing FY20 Operations and Maintenance, Navy (O&M, N) funds in the estimated amount of $600,000.00. The work must commence on 03 February 2020 and be completed by 08 June 2020. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

The regulatory authority for this procurement is FAR 16.505(b)(2)(i)(A). The Agency’s need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. RATIONALE JUSTIFYING THE EXCEPTION TO FAIR OPPORTUNITY

General Dynamics NASSCO-Norfolk was awarded Delivery Order N50054-19-F-L022 on 18 September 2019 to provide for and accomplish the Chief of Naval Operations Availability (CNO) TPPC-LHD3-MARMC19-CN01 for USS KEARSARGE (LHD 3). All multiple award contract holders (Contracts N00024-16-D-4411, N00027-16-D-4412, and N00024-16-D-4413) had a fair opportunity to be considered for the award of the delivery order.

The Main Air ejector draws out the air and vapors that are released from the condensing steam in the condenser. The condensed vapors and steam are returned to the main condenser via a drain and the remaining air and gases pass to the second stage where the process is repeated. The condenser consists of a vacuum that extracts the steam from the turbine. Ship Forces discovered the ship could not maintain the appropriate vacuum pressure to support the forward and aft main condensers. Without an operable vacuum, the ship cannot reach its full speed capacity. In addition, the current leak in both the forward and aft main condenser air ejectors decreases overall power output onboard the entire ship. This affects the ability to power systems throughout the ship in addition to main propulsion. A significant leak to both fwd and aft main air ejectors could lead to a complete loss of vacuum, disabling the plant from lighting off. This would render the ship completely inoperable. A delay in award of this procurement would result in the ship being inoperable and un-deployable.

Due to the ship’s schedule and the duration required to provide inspection and repairs, using the fair opportunity process would result in unacceptable delays. A competitive award would take approximately 45 days. There would be a minimum of 10 days to prepare the solicitation, and 30 days to post the Request for Proposal (RFP) on FedBizOpps as required by DFARS 215.371-2, and an additional 5 days to analyze the proposals and provide debriefings to unsuccessful offerors. Due to USS KEARSARGE (LHD 3) operational and contract schedules, an unusual and compelling urgency precludes procurement of the above work through full and open competition. The work must begin no later than 03 February 2020, be completed by 08 July 2020, and must be integrated into the existing work package under contract N00024-16-D-4413. Immediate repairs to essential shipboard equipment are mandatory to ensure the completion prior to the ship’s operation and deployment. Any delay would cause a disruption to the ship’s operational commitments and hinder various milestones, which could potentially impact the ship’s deployment schedule.

General Dynamics NASSCO-Norfolk is the only company able to perform the required work under such short notice during the current CNO.

6. DETERMINATION OF FAIR AND REASONABLE COSTS

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 Estimate (IGE) and the Project Manager’s (PM) technical knowledge associated with the estimated man-hours and material costs to complete this work. Additionally, the contractor’s fully burdened ship repair labor rate and material burden rate were 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 paragraph 5 and 6, market research was not conducted. The critical nature of the work requires that it start 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 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 16.505(b)(2)(ii)(B)(9):

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.

Signature: _____________________________________ Date: ________________ Print: (Name) Thomas Murphy (Title) Project Manager (Code) 333 (Phone) 757-837-7999

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

Signature: _____________________________________ Date: ______________ Print: (Name) Bradley Garner (Title) Associate Counsel (Code) C-100C (Phone) 757-400-0168 COMBINED CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR 16.505(b)(2)(ii)(C):

I certify that this justification is accurate and complete to the best of my knowledge and belief. Upon the basis of the above justification, I hereby approve, as Contracting Officer, the award of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 16.505(b)(2)(i)(A), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Signature: _____________________________________ Date: _________________ Print: (Name) Brandy Sutton (Title) Lead Contracting Officer (Code) 432 (Phone) 757-778-1731