USS KEARSARGE A6A3 JA RCC 2N redacted.pdf

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USS KEARSARGE A6A1 RCC 2N
Solicitation number
N50054-26-126
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This is a Justification and Approval (J&A) document for an exception to fair opportunity procurement issued by the Department of the Navy's Mid-Atlantic Regional Maintenance Center (MARMC) in Norfolk, Virginia.

The Navy seeks to award a delivery order for Air Conditioning (A/C) Plant Compressor Overhaul services on the USS KEARSARGE (LHD-3) under existing contract N00024-22-D-4428. The work, identified as work item #514-23-001, involves cleaning and flushing the air conditioning plant in accordance with Specification Item 514-23-001 and Request for Contract Change 1N, to be performed onboard the vessel during its FY26 Continuous Maintenance Availability (CMAV). The procurement will utilize FY26 Operation and Maintenance, Navy (OM&N) funds. The contracting officer has determined costs to be fair and reasonable based on an Independent Government Estimate, project manager technical knowledge, and historical data.

The J&A invokes FAR 16.505(b)(2)(i)(A) to justify bypassing fair opportunity procedures, citing urgent operational necessity. The Navy asserts that the critical nature of air conditioning repairs, combined with USS KEARSARGE's maintenance schedule constraints, makes competitive solicitation impracticable without causing unacceptable delays to fleet operations and mission commitments. The justification identifies Auxiliary Systems Inc. as the only company with the required equipment and capability to meet the government's immediate repair requirements within the prescribed timeline. Market research was not conducted due to the critical nature of the work. The Contracting Officer, Legal Counsel, and Technical/Requirements personnel have certified and approved the justification.

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DEPARTMENT OF THE NAVY

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

Contracts Department 9727 Avionics Loop

Norfolk, VA 23511-2124

J&A Number: N50054-26-126 Code: 426.2 P.R. Number: 1301399987

JUSTIFICATION AND APPROVAL FOR USE OF 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 THE ACTION BEING APPROVED

This justification provides for the procurement of work identified under the USS KEARSARGE (LHD 3), Continuous Maintenance Availability (CMAV), SSP #TPPC- LHD3-MARMC26-S003, contract number #N0002422D4428, Delivery Order N5005426FL019 to accomplish; Air Conditioning (A/C) Plant Compressor Overhaul; for work item #514-23-001 as NEW WORK.

3. DESCRIPTION OF THE SUPPLIES/SERVICES

The work to be performed consists of Air Conditioning (A/C) Plant Compressor Overhaul;

accomplish onboard USS KEARSARGE (LHD-3) in accordance with Specifications Item 514-23-001; Request for Contract Change (RCC) 1N and basic service Specification Items as required for a CMAV. The repairs will be accomplished utilizing FY26 Operation and Maintenance, Navy (OM&N) funds in the estimated amount of The work must commence on . The Government's minimum needs have been verified by the certifying technical and requirements personnel.

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORUNITY

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 OPPORUNITY

prepare for and accomplish the FY26 Continuous Maintenance Availability

(CMAV) of the USS KEARSARGE (LHD-3).

Due to USS KEARSARGE's schedule and the duration required for the repairs, the urgent nature of these services and material would preclude the procurement of the above work through fair opportunity process would result in unacceptable delays. This repair has a nominal duration of . A competitive award would take approximately .

There would be a minimum of IO days to prepare the solicitation, and which would not be allow for the viable work package integration of this urgent new work.

Any delay would cause a disruption to ongoing Fleet scheduled maintenance repairs, which would cause an . With the completion of repairs the ship will be able to meet all mission commitments. The work must begin no later than and must be integrated into the existing work package under contract N00024-22-D-4428.

Auxiliary Systems Inc. has required equipment and is the only company able to meet the Government's immediate requirement to provide repairs to the USS KEARSARGE (LHD-3) air conditioning by cleaning and flushing the air conditioning plant in order for the USS KEARSARGE (LHD- 3) to meet is . The AC plant has been

To Award this to Auxiliary Systems Inc. provides the Government with the appropriate avenue to accomplish this repair within the allotted Period of Performance. These repairs are

6. DETERMINATION OF FAIR AND REASONABLE COSTS

The Contracting Officer has determined 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 the Independent Government Estimate (IGE), the project manager's technical knowledge, and history related to this work requirement. 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 paragraphs 5 and 6 above, market research was not conducted. The critical nature of the work required that it be started immediately. For future acquisitions on similar work will be reviewed by the Contracting Officer on a case-by-case basis to promote the use of fair competition award process under this 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, for consideration of similar work requirements in future solicitations.

CERTIFICATIONS AND APPROVAL

COMBINED TECHNICAL/REQUIREMENTS COGNIZANCE 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.

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90)):

I have determined this justification is legally sufficient.

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.

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