Redacted_JA Form N50054-25-D-0015 N50054-26-F-2031.pdf

Source Selection Information – See FAR 2.101 and 3.104

U

NITED STATES OF AMERIC

A

DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

9727 AVIONICS LOOP

NORFOLK VA 23511-2124

J&A No. N50054-26-026 Code 415

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY UNDER

IDIQ CONTRACT N50054-25-D-0015 DELIVERY ORDER N50054-26-F-2031

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of the Navy, Mid-Atlantic Regional Maintenance Center (MARMC), Norfolk, Virginia.

(2) Nature and/or description of the action being approved.

This justification provides for limiting the source of this procurement to Colonna’s Shipyard as an exception to fair opportunity. The work covered by this justification will be awarded under contract number N50054-25-D-0015 as a Firm-Fixed Price (FFP), contract to Colonna’s Shipyard.

(3) Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The work to be performed pursuant to the maintenance of the APL-61 are as follows;

Work Item Number 042-00-001 Accountability of Manhour and Material Reservation;

accomplish, 256-11-001 Bilge Pumps; rebuild and install, 437-21-001 Gauge; inspect and calibrate, 512-11-001 Ventilation System; troubleshoot, 516-11-001 Freezer Box Evaporator, Condenser and Compressor units; install, 555-11-001 Gaylord Hood System;

inspect and certify; 555-32-001 Firefighting System; inspect, test, and certify, 593-11- 001 CHT Aeration Pressure Switch Cabling; install, 982-31-001 Barge Systems Check Off List; accomplish, 992-11-001 Towing Service; provide, 992-11-002 Temporary Service; provide, control for an estimated cost of $3,155,180.31. Funding to be utilized for this contract action is FY-26, 1804 O&M. This work must be accomplished so that the crew of the USS Truman (CVN-75) can live onboard the APL-61 while the USS Truman (CVN-75) is actively being repaired at Norfolk Naval Station in Norfolk, Virgina.

(4) Identification of the exception to fair opportunity (see FAR Subpart 16.505(b)(2)(i)(A)-(F)) and the supporting rationale, including a demonstration that https://www.acquisition.gov/far/16.505#FAR_16_505__d1045e534 https://www.acquisition.gov/far/16.505#FAR_16_505__d1045e534 the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

A. The agency need for services is of such urgency that providing fair opportunity would result in unacceptable delays.

The agency’s need for the repairs onboard APL-61 are urgent due to the barge supporting the crew of the USS Truman (CVN-75) while living onboard the APL- 61 from 16 January 2025 through 30 September 2026 at Norfolk Naval Station. Due to APL-61’s operational schedule an expedited procurement process is essential to support the upcoming habitability for the crew of the USS Truman (CVN-75). The Government has determined that Colonna’s Shipyard is the best source available to accept the maintenance period. Colonna’s Shipyard has access to Norfolk Naval Station where the barge will be located, the capacity to support the barge, and acceptable past performance. Awarding the delivery order to Colonna’s Shipyard will reduce cost and schedule risk by avoiding delays typically associated with a full open bidding process. Any postponement would have a cascading impact on the schedule and mission readiness for the APL-61 and the USS Truman (CVN-75).

This decision fully complies with the agency’s need for services of such urgency that providing fair opportunity would result in unacceptable delays.

B. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

C. 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.

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

E. For orders exceeding the Simplified Acquisition Threshold (SAT), a statute expressly authorizes or requires that the purchase be made from a specified source.

F. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will evaluate and determine whether the cost is fair and reasonable based on cost or price analysis.

(6) Any other facts supporting the justification.

Over the past five years the APL-61 has undergone major modernization overhauls to support upcoming Chief Naval Operations (CNO) availabilities for the fleet of the United States Navy. The efforts to modernize the APL-61 were completed in four separate phases. Colonna’s was awarded Phase IV delivery order N5005425F5308 under contract N5005420D0003. During this previous delivery order Colonna’s was responsible for overhauling many of the systems and spaces onboard that will be utilized for the crew of the USS Truman (CVN-75) and identified required repairs which need to be completed for the crew to fully utilize the barge to its maximum capability. One of the primary repairs that was identified was the replacement of the condenser unit and evaporator unit for the chill and thaw box. Without the repairs to the chill and thaw box the crew of the USS Truman (CVN-75) will be relegated to using chill and freeze boxes placed on the pier to store food while the chill and thaw box is inoperable. This will significantly limit the crew’s ability to store the necessary food needed while the USS Truman (CVN-75) is underway. Additional repairs are needed to the HVAC units throughout the barge which will support the crew during the winter and summer months. Neither of the noted repairs nor the repairs listed in section 3 were a part of the Phase IV work and could not be completed as integrated out of scope changes. Due to Colonna’s previous work and lack of technical references for this class of barges Colonna’s has advantageous knowledge and understanding to complete the additional work. Due to this, Colonna’s would not have to reinspect or run additional reports which will expedite performance in support of the USS Truman (CVN-75).

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Government intends to compete all delivery orders issued under the Barge MAC IDIQ to the maximum extent practicable. Exceptions will only be made for orders which meet one of the six exceptions in FAR 16.505-(b)(2)(i) (A) through (F). Continuous Market Research efforts performed by the Government are designed to continue maximizing opportunities for competition throughout the Period of Performance of the Barge MAC IDIQ.

(8)-(10) REVIEW/APPROVAL:

TECHNICAL OR REQUIREMENTS REPRESENTATIVE CERTIFICATION

I certify that all supporting data used in completing this Justification is accurate and complete to the best of my knowledge and belief.

Horace Chester Date Contracting Officer Representative, Code 362

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

Date Office of Legal Counsel, Code 100C

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 as described herein using other than fair opportunity, 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.

John Moegenburg Date Contracting Officer, Code 415

COMPETITION ADVOCATE CERTIFICATION AND APPROVAL (FAR 6.302-2

(b)(1)(2)):

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 reviewed and approve, as Competition Advocate, the award of the proposed procurement as described herein using other than fair opportunity, pursuant to the authority of FAR 6.302-2 (b)(1)(2), the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Robert Yates Date Contracting Officer, Code 400 Department Head and Chief of Contracting Office

I have reviewed the content of this memo and determined that it adequately supports the cited Fair Opportunity Exception as required in FAR 16.505(b)(2)(i)(A).

I have reviewed the content of this memo and determined that it does not adequately support the cited Fair Opportunity Exception as required in FAR 16.505(b)(2).