Ser 410-032 JA redacted.pdf

DEPARTMENT OF THE NAVY

PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH, N. H. 03804-5000 IN REPLY REFER TO:

J&A Number: PL-2065 Serial 410/032 P.R. Number: N3904021RC10497

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command Portsmouth Naval Shipyard (PNS) Contracting Division (Code 410), Kittery, ME. The requiring activity is Portsmouth Naval Shipyard, Kittery ME.

2. Description of the Action Being Approved

Award of a firm fixed price contract on a sole source basis to CEPEDA Associates for the repair and testing of Scrubbers on

The IGE (Independent Government Estimate) for this requirement is

3. Description of Supplies/Services

The proposed contract effort provides for the Original Equipment Manufacturer (OEM) to be responsible for servicing, repair to the CO2 Removal Plants laid out by SUBMEPP statement of work (SOW). The contractor shall work and repair existing CO2 Removal Plant equipment installed shipboard. Shipboard installation and repair will be in accordance with Scrubber Technical Manual NAVSEA

Shipboard testing shall be in accordance with HM&E Test Procedures, CO2 Removal System Simulated Operation.

Contractor is to replace Scrubber Units’ critical flex hoses, as required. Contractor is to correct CSMP Item - CO- H2 Burner #1: Air Filter Gasket Damaged and Missing a Retaining Spring. Contractor is to correct DMTS items through & through which were created as a result of PATs testing

The Independent Government Estimate (IGE) was prepared through market research discussions conducted by the requiring activity and with the OEM (MTR). The total estimated value of this acquisition is and will be funded with FY21 Operations and Maintenance, Navy funding. The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open

Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2). (Only one responsible source and no other supplies or services will satisfy agency requirements).

5. Rationale Justifying Use of Cited Statutory Authority

In accordance with FAR 6.302-1, only one source is capable of meeting the requirement. This authority permits limiting the number of sources solicited and to not use full and open competition for this requirement.

CEPEDA Associates is the Original Equipment Manufacturer (OEM) and owns the proprietary data – including drawings, material specifications/measurements, and processes - required to repair the CO/H2 Scrubbers and Burners System. Said data, which is neither possessed by another vendor nor available to the Government, is critical to ensuring that the system is repaired in accordance with the Statement of Work.

There is only one manufacturer/off site repair facility with no dealers of this product, therefore only the manufacturer will be provided the opportunity to quote.

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

Offerors as Practicable

A Sources Sought notice was posted to Government Point of Entry (GPE) https://beta.sam.gov on April 07, 2021 under PR N3904021RC10261. This notice is for the exact same requirement but for a different boat. The notice closed on April 13, 2021.

No responses to the Sources Sought notice were received.

This sources sought notice is the market research tool to identify potential and eligible firms capable of providing the services requested in this contract effort. As such, all interested parties are encouraged to respond. Information received will be considered solely for the purpose of determining other than full and open competition. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.” The Sources Sought Notice garnered no responses.

7. Determination of Fair and Reasonable Costs

The Contracting Officer anticipates the costs to the Government for the items covered in this contract effort will be fair and reasonable by reviewing the IGE along with two past contracts. A determination of fair and reasonable price will be based on price analysis by the Contracting Officer of the contractor’s quotation and/or a comparison of previous pricing history, historical contract analysis, published price list of same or similar items, or any other reasonable basis, in accordance with FAR 15.404, prior to award.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5 and Paragraph 6, PNS Code 410 Contracting Division has no plans at this time to compete future contracts for the OEM services covered by this document. If another potential source emerges, PNS Code 410 Contracting Division will assess whether competition for future requirements is feasible.

Contracting Point of Contact

Rene Chris Dooley, Contract Officer Email: christopher.w.dooley@navy.mil Phone: 207-994-0374

Brian Lee, Contract Specialist Eamil: brian.c.lee2@navy.mil Phone: 207-690-1527

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. PL- 2007.1, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Signature Date

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Code 100L Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and be

COPP.JONATHAN.THOMAS. Digitally signed by

COPP.JONATHAN.THOMAS.

Date: 2021.07.06 09:10:01 -04'00'

TAYLOR.MARY.H. Digitally signed by

TAYLOR.MARY.H.

Date: 2021.07.06 12:05:27 -04'00'

GREY.CODY.JAMES

CLIFTO

Digitally ODY.JAMES

CLIFTON.

Date: 202 -04'00'