USNS CARL BRASHEAR (T-AKE 7) Regular Schedule Overhaul/Dry-Docking

DEPARTMENT OF THE NAVY DIRECTOR MILITARY SEALIFT COMMAND 471 E. C STREET NORFOLK, VA 23511 N104-13-C-3015 September 12, 2013 JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR N32205-13-C-3015 1. Contracting Activity: Department of the Navy, Military Sealift Command Norfolk (MSC). 2. Description of Action Being Approved: Approval of this justification will result in the increase of CLIN 0003 Additional Government Requirements (AGR) and CLIN 0004 Other Direct Costs (ODC) limit and the inclusion of five (5) new work items under contract N32205-13-C-3015 for the Regular Overhaul/Dry Docking of the USNS CARL BRASHEAR (T-AKE 7) for "additional requirements" per section H-3 of the contract awarded to BAE Systems San Francisco Ship Repair. The available AGR hours relative to CLIN 0003 will be increased by 5,000 hours from 15,000 hours to 20,000 hours. Accordingly, the price of CLIN 0003 will be increased by ****** from ****** to ****** and CLIN 0004 will be increased by ****** from ******** to *********. The additional AGR and ODC will provide for the issuance of multiple change orders pertaining to the ship's ROH/DD. All work to be performed under this increase in AGR and ODC has been evaluated by the Overhaul Management Team (OMT) and determined to be classified primarily by one or more of the following work categories: a) Safety b) Mission c) Propulsion The OMT has determined these categories to be of equal importance. Therefore, all Condition Found Reports (CFRs) and associated Request for Proposals (RFPs) related to these categories of work are critical to being completed while the ship is in this current availability to make the ship mission ready. 3. Description of Supplies/Services: MSC requires an increase to direct production hours and material for additional Government requirements for the maintenance and repair, and transportation alteration (T-ALT) work associated with the safety, mission and propulsion needs of the USNS CARL BRASHEAR. The list below represents the work to be covered by this J&A: a. WI 110 Anchor Windlass Modification (T-Alt 326) b. WI 111 Replacement of Chain Fairlead (T-Alt 307) c. WI 612 Roller Curtain Door Modification (T-Alt 361) d. WI 613 Renew Decks in Staterooms (2)and Laundry (2) e. WI 614 Stack Coating ODC costs (CLIN 0004) will cover all contract growth, including equipment rental, subcontractors and material that are not included under CLIN 0003 AGR. These actions have been funded with fiscal year 2013 Maintenance and Repair appropriated funding in the amount of $3,000,000 which has been provided to MSC Norfolk. 4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2(a). 5. Rationale Justifying Use of Cited Statutory Authority: Total growth during a shipyard availability cannot normally be predicted until all systems have been opened and inspected. Additionally, T-ALT's are planned for upcoming availabilities pending the status of available funding. The first three (3) aforementioned new work items were not planned when the package was released. Funding expiring at the end of the fiscal year was made available and with the next fiscal year budget constraints due to sequestration, the decision was made to have these T-ALT's completed during the current availability. The latter two work items were discovered after the vessel arrived at the ship repair facility. The terrazzo in two crew wet spaces and two of the ships laundry spaces had begun to fail and separate from the steel deck. As to not cause a tripping hazard or further damage to the existing decking, the damaged deck must be repaired. The Exhaust Stacks that protrude through the top of the deck house no longer had any coating on the exterior which could cause overdue rust build up. The crew can help maintain and paint some of the vessel but the stacks must be painted while the engines are not operating. The opportunity presented itself to make the latter two (2) repairs while the crew was living off the ship and the Overhaul Management Team determined that this was work that needed to be completed during the current availability. 6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: The overhaul contract N32205-13-C-3015 was awarded in a competitive environment, on a lowest priced technically acceptable basis to BAE. Due to the exclusivity of this availability and the nature of these requirements, multiple RFPs were submitted to BAE for additional work as applicable. While competition is restricted to BAE as the Contractor, the opportunity for subcontractors is not hindered, and given the large scale of growth associated with these repairs, it is anticipated that multiple subcontractors will be needed to fullfill the necessary labor requirements and meet the scheduled timeline. Given that the vessel is only in the shipyard until 4 October 2013 and must be in a shipyard environment to accomplish this work, some requiring that the ship be in drydock, there is insufficient time to allow for competitively soliciting this work. Delays are unacceptable, would delay the ship's return to service and could have significant impact on the Navy. The USNS CARL BRASHEAR could not deploy and be mission-ready without these critical repairs. 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. The process will be negotiated based on existing rates provided under the Additional Government Requirements CLIN of the contract, which was competitively awarded. All of BAE's proposed prices will be compared to an IGE. Additionally, the Contracting Officer will determine that the all RFPs settled under CLIN 0003 & 0004 are fair & reasonable in accordance with FAR PART 15. 8. Actions to Remove Barriers to Future Competition: In this case, the limitation on competition is a result of emergent work that could not be identified during Contract development. The combination between the urgency of this requirement and the narrow timeframe associated with the shipyard environment are circumstances that, in this case, did not allow for a formal competitive procurement. For future ROH/DD availabilities, a conscious effort will be made to identify urgent requirements whose execution relies on the dry dock and overhaul status for performance so as to provide for inclusion within the work package to be competed to the maximum extent possible. CERTIFICATIONS AND APPROVAL 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: _____________________ __________________ ___________ __________ Signature Name (Printed) Phone No. Date 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. _____________________ __________________ ___________ __________ Signature Name (Printed) Phone No. Date COMPETITION ADVOCATE APPROVAL Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 4202 of the Clinger-Cohen Act of 1996. ______________________ _________________ Name Date