Justification for Exception to Fair Opportunity_for posting_Redacted.pdf

CUI

YOK#:470

Justification for an Exception to Fair Opportunity (Above the SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Justification for an Exception to Fair Opportunity. The requiring activity is Ship Repair Facility Detachment Singapore (SRF Det SG); the contracting activity is NAVSUP Fleet Logistics Center (FLC) Yokosuka Site Singapore, Contracting Dept. Code 257.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of 10 U.S.C. 3406(c)(1). This action is an exception to the fair opportunity process to be competed among the following multiple award contract (MAC) numbers:

N0002425D4212 – Austal USA, LLC N0002425D4219 – Epsilon Systems Solutions, Inc.

The placement of a firm, fixed price order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is provide Emergent Maintenance ship repair services for Littoral Combat Ship (LCS)

The following work items need urgent repair in support of

WORK ITEM NO. TITLE

233-11-001 Number One Main Propulsion Diesel Engine (MPDE) B Bank High Pressure

(HP) Fuel Pump; replace 237-11-001 Hydraulic Prime Mover (HPM) Diesel Engine Fuel Injection Pump and Injectors;

replace 237-11-002 Hydraulic Prime Mover (HPM) Engine Oil Replenishment Pump; replace 243-12-001 Number 2 Gas Turbine Stern Tube Shaft Seal Assembly; replace 244-13-001 Number 2 Shaft Thrust Bearing Block Lip Seals; replace 247-11-001 Number One Water Jet Hydraulic Reversing Cylinder Ram; replace 247-14-002 Number 2 WJ FU and NFU PFC200 Controller PLC Programming; verify 247-14-003 Number 4 Water Jet Wago Board an Relays; replace

The estimated value is

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY RATIONALE AND/OR

DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold, as implemented by FAR 16.505(b)(2)(i)(A).

The statutory authority that permits not providing each awardee a fair opportunity to be considered for each order exceeding the micro-purchase threshold issued under a multiple award contract is 10 U.S.C.

3406(c)(1), as implemented by FAR 16.505(b)(2)(i). The applicable exception to the fair opportunity process for this justification for the award of an order exceeding the simplified acquisition threshold is:

The need for these repairs are so urgent that providing a fair opportunity to all contract holders would result in unacceptable delays to the critical, time-sensitive support of the 5th & 7th fleet AOR, which must be mission ready no later than 28 March to meet operational requirements.

Fair opportunity will be limited to Austal USA, LLC and Epsilon Systems Solutions, Inc., as both contractors possess unique and extensive recent experience with this class of ship, the required repairs, and location specific challenges.

Austal USA is the incumbent contractor for a similar LCS, USS TULSA (LCS-16) ongoing Preventative Maintenance Contract (PMAV) and Epsilon has completed various LCS PMAV contracts in Singapore in the last 3 years. The Government has determined that awarding this emergent work to a different contractor would create significant coordination hurdles and introduce unacceptable schedule risks. Limiting the solicitation to these two contractors with recent, established experience conducting similar repairs at the place of performance has been determined the most effective method to ensure the vessel meets the deadline for its national security tasking. Therefore, providing fair opportunity to the remaining IDIQ holders has been determined not feasible for soliciting, evaluating, awarding, and performing this effort within the required timeline, and proposals will therefore only be sought from these two holders.

5. DETERMINATION OF FAIR AND REASONABLE COST: The LCS SEC West PT III has already established a fully burdened Ship Repair Labor and Material rate for the ship repair services. However, the FLC Yokosuka Site Singapore Contracting Officer will still use the procedures in FAR 15.4 to ensure that the order represents the best value to meet the Government's needs.

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have conducted market research among the multiple award contractors. The requiring activity notes two known contractors, Austal and Epsilon have history with similar type ships, repairs needed, and the requirements of entering and working in Singapore. The requiring activity certifies that the requirement cannot be met by a commercial item.

7. ANY OTHER SUPPORTING FACTS: This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: By definition, Emergent Maintenance (EM) requirements are unforeseen and cannot be planned for. Therefore, no action could have been taken to prevent this urgent situation. The Government remains fully committed to provide fair opportunity to all MAC holders for all future planned availabilities and will continue to solicit those requirements accordingly.

9. CONTRACTING POINT OF CONTACT: The point of contact at FLC Yokosuka is or by

TECHNICAL/REQUIREMENTS CERTIFICATION

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.

Technical Cognizance and Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the LSJ.

Signature Name (Printed) Phone No. Date

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurement(s) described herein restricting consideration, pursuant to the authority cited herein. To the extent that the LSJ value is from $900K to $20M, the Competition Advocate’s signature below also represents approval of the LSJ.

Signature Name (Printed) Phone No. Date

See next page for Approval blocks for requirements in excess of $20M.

N.A.

Only if the LSJ has a value of over $20M but less than $90M, include the following signature block

HEAD OF PROCURING ACTIVITY APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of the Procuring Activity, the solicitation of the proposed procurement(s) described herein pursuant to the authority cited herein.

Signature Name (Printed) Phone No. Date

Only if the LSJ has a value of in excess of $90M, include the following signature block

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, the solicitation of the proposed procurement(s) described herein pursuant to the authority cited herein.

Signature Name (Printed) Phone No. Date

NOTES: All italicized blue verbiage should be deleted from the signature page. Remove all of the “APPROVAL” signature blocks for LSJs valued at less than $20M. Include the only appropriate “APPROVAL” signature block for LSJs valued in excess of $20M. Lastly, get all of the signatures on one page.