SIMANEK JA Ship Repair N10425C4082.pdf

J&A No. N10425C4082

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) Norfolk

2. Description of the Action Being Approved: Award modifications under contract N3220525C4082, for the

Post Shakedown Availability of the USNS ROBERT E SIMANEK (T-ESB 7), to Detyens Shipyards, Inc., incorporating work items needed to comply with Fleet Introduction requirements. The contract was awarded for $14,754,720.71 on the basis of adequate competition.

3. Description of Supply Services: To accomplish the work items detailed in the enclosure, which are needed to comply with and regulatory requirements of the U.S. Navy, U.S. Coast Guard, and American Bureau of Shipping. The total estimated dollar value for such work item is $254,300.00, which will be funded utilizing fiscal year 2023 Shipbuilding and Construction, Navy (SCN) funds. The authority to act under this Class J&A expires one year after the date on which it is approved by the Competition Advocate.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 3204(a)(2) Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Authority

a. The contracting activity competitively awarded the contract consisting of 98 work items on 03 Sept 2025 with a period of performance of 18 Oct 2025 through 16 Jan 2026.

b. Inspectors from the vessel’s crew and ashore personnel conducted multiple inspections during the period from 23 Oct 2024 through 09 Oct 2025. Inspectors from the vessel’s crew and ashore personnel conducted multiple inspections during the period from 23 Oct 2024 through 09 Oct 2025. Deficiencies discovered were a means to secure materials in storage compartments, outdated medical equipment, corroded boat launching crane rams, lack of lighting for at sea night refueling, damaged magazine sprinkler control valve and failed hydraulic emergency diesel generator starting cylinder. Several attempts were made to accomplish the work prior to the Post Shakedown Availability (PSA) using windows of opportunity and Voyage Repair periods but were delayed due to extenuating circumstances outside of the control of MSC. The identified deficiencies requiring repair prior to the vessel’s departure is to comply with Safety Management System objectives, attain Operational Availability, and maintain vessel configuration.

c. Competitively soliciting these work items is not feasible as it would delay returning to a mission-ready posture since award of a procurement package of this magnitude will require a procurement action lead time of 381 days plus the time to accomplish repairs. The vessel’s per diem rate is $134,832.00 per day, which is the estimated losses to the Government for each day of delay. Additionally, the PSA performance period is the most cost-effective opportunity for maintenance and repairs due to the availability of prior year NAVSEA SCN funds and leveraging the Shipbuilders warranty obligations prior to their expiration in March 2026.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The presolicitation notice was posted on the Government Point of Entry website (sam.gov) on 28 Feb 2025 and the award notice was posted on 04 Sept 2025. For reasons set forth in Paragraph 5, this particular requirement is not presently a candidate for full and open competition.

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 IAW FAR 15.404-1(b)(2).

8. Actions to Removed Barriers to Future Competition: The Government expects to obtain a technical data package or develop a performance specification that will support competition for future acquisitions of the same or similar items.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

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.

Signature/Date

_James Kelley_______ Name (Printed)

_904-607-5987 Phone No.

Legal Sufficiency Review:

I have determined this Justification is legally sufficient.

Signature/Date Name (Printed) Phone No.

Contracting Officer Certification:

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

Signature/Date Name (Printed) Phone No.

Competition Advocate Certification:

Upon the basis of the above justification, I hereby approve, as Deputy Director, Contracts and Business Management, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(2).

Signature/Date Name (Printed) Phone No.