24C4222_Redacted JA.pdf

J&A N105C-24-C-4222 T-AGS Bridge

CUI

Controlled by: Department of the Navy, Military Sealift Command CUI Category: PROCURE, SOURCE SELECTION SENSITIVE Limited Dissemination Control: FEDONLY POC: D, Carswell 757-341-5694, delicia.o.carswell.civ@us.navy.mil

J&A (Ver1) 30 AUG 24

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), Special Mission Program

N105C/PM2.

2. Description of the Action Being Approved:

Award of a 12-month bridge service contract to operate and maintain (O&M) for the Special Missions (T-AGS) Class of MSC vessels fleet on an other-than full-and-open-competition basis to the incumbent contractor, Ocean Shipholdings, Incorporated (OSI). The period of performance will consist of a one-year firm period beginning 01 October 2024 to 30 September 2025. The requested 12 months is intended to cover the time needed to award a follow-on contract, conduct an adequate turnover if a different follow on O&M contractor is chosen, and leave some cushion for contingency delays.

3. Description of Supplies/Services:

The original T-AGS Class contract (MSC# N3220517C3100), and current follow on contract (MSC# N3220523C4198) provides for the worldwide O&M of six (6) MSC 60 Class Oceanographic Survey vessels (T-AGS) and one (1) 45 Class Navigation Test Support (T-AGS) vessel.

Under this J&A, the incumbent contractor shall provide for the stated period of performance, the same personnel billet fills, operational and technical support (ashore and afloat), equipment, tools, provisions, and supplies to operate the Government-owned vessel as in the current contract.

The total estimated firm fixed price value of this bridge action is $72,873,531.15. Pricing for this bridge contract includes the same items as priced in the current contract. The estimate is broken out by fiscal year as follows:

Estimated Dollar Value

1-Year Bridge Total Firm Fixed

Price Total $72,873,531.15 $72,873,531.15 mailto:delicia.o.carswell.civ@us.navy.mil

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4. Statutory Authority Permitting Other Than Full and Open Competition:

This justification is prepared under the authority of 41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2(a)(2), Unusual and Compelling Urgency.

5. Rationale Justifying Use of Cited Statutory Authority:

In accordance with FAR 6.302-2 the agency may use procedures other than competitive procedures to limit the number of sources from which it solicits bids or proposals when: (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of a contract would result in serious injury, financial or other, to the Government. Here, a sole-source bridge contract to OSI is the only way to avoid unacceptable delays and prevent operational availability of vital national security capabilities.

The Class vessels operated under this contract perform a critical national security mission. This bridge contract must be awarded to prevent a break in these highly specialized services. The original contract (N3220517C3100) for the worldwide O&M of six (6) MSC 60 Class Oceanographic Survey vessels (T-AGS) and one (1) 45 Class Navigation Test Support (T-AGS) vessel was competitively procured and awarded to OSI on 21 July 2017. The current follow-on contract (N3220523C4198) consists of a one-year firm period with, one (1) six-month option period, which is began 01 April 2023 and is scheduled to conclude 30 September 2024.

The T-AGS vessels are one-of-a-kind, critical assets, therefore the U.S. Government cannot afford a break in service; nor can the void created be met, filled or substituted with any other surface asset currently in the U.S. Government inventory. Due to the nature of these special missions, MSC must award a bridge contract to ensure the continuity of service necessary for these critical national security missions. During and following the award of the initial T-AGS Bridge on 22 March 2023, the re-procurement team steadfastly attempted to adhere to the Plan of Action and Milestones (POA&M) which identified tasks needing to be accomplished for the re-procurement of the T-AGS contract requirement – intending to award on or close to January 2024.

Due to the dollar value of the re-procurement, the Acquisition Plan required Deputy Assistant Secretary of the Navy (Procurement) (DASN-P) signature. Higher headquarters review and discussions took longer than planned.

Based on input on 25 August 2023, Market Survey Revision 2 (PM2-JMC-001) was posted to SAM.gov, which yielded three (3) responses from potential offerors – one (1) large business, and two (2) small businesses. The two small businesses were found to be technically acceptable, and the acquisition strategy was adjusted from full and open to a total small business set-aside.

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The Director of Contracts and Business Management (N10) concurred with the findings by signature on 18 April 2024.

The Request for Proposals (RFP) was posted to PIEE.gov and SAM.gov on 22 April 2024 with offers due by 21 June 2024. Due to the amount of questions received from potential offerors and to provide time for industry to work through the newly provided Wage Determination, the RFP was extend to 26 July 2024 via Amendment 01 posted on 21 June 2024.

Amendments 02 through Amendment 05 addressed questions 1-143 from potential offerors. The RFP Attachment M Pricing Form contained errors requiring adjustment prior to price evaluation and discussions. Corrections to Attachment M along with a proposal extension to 03 September 2024 were addressed in Amendment 06, which posted 19 August 2024.

The revised POA&M indicates an anticipated contract award date of MSC is confident this contract will be awarded in accordance with the stated timeline.

In the interim, and as described above, the agency cannot accomplish its mission without the T- AGS Class services. For the past seven (7) years, the incumbent, OSI, has provided ship officers and crews, operational and technical support ashore and afloat, equipment, tools, and supplies to operate and maintain the T-AGS Class. OSI’s experience and knowledge will permit MSC to continue to support the requirements holders . OSI, is the only source that can perform the mission without unacceptable delays in fulfilling the agency’s requirements. Therefore, limiting competition is the only way to ensure the T-AGS fleet of vessels continue to accomplish their national security directed missions.

Therefore, MSC must award a bridge contract to ensure the continuity of service necessary for the critical national security missions. Due to the critical nature and immediate urgency needed to fulfill the T-AGS missions, MSC meets the requirements to limit full and open competition of this bridge contract by way of FAR 6.302-2 (Unusual and compelling urgency).

In sum, FAR 6.302-2 allows the agency may use procedures other than competitive procedures to limit the number of sources from which it solicits bids or proposals when: (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of a contract

Limited Dissemination Control: FEDONLY would result in serious injury, financial or other, to the Government. Here, a sole-source bridge contract to OSI is the only way to avoid unacceptable delays and prevent loss of vital national security capabilities. Therefore, upon review, MSC has determined that executing a bridge contract under FAR 6.302-2 (Unusual and Compelling Urgency) is the only reasonable course of action.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable:

For the reasons outlined in Section 5, OSI is the only source capable of providing the required service without unacceptable delays in fulfilling the Government’s requirements for this bridge period. Accordingly, due to the time constraints of the need to award before the current contract ends, and in an effort to avoid impact to the vessel’s mission, a notice was not publicized as is normally required by FAR subpart 5.2.

7. Determination of Fair and Reasonable Cost:

Before award of the bridge action, the Contracting Officer will determine if the rates are fair and reasonable.

8. Description of Market Research Conducted:

The following market research techniques were utilized:

Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements, to include contacting Contracting Officers, Contract Specialists, and project officers in other federal agencies and private industry (other users) to take advantage of the lessons learned in previous acquisitions;

Reviewing the results of recent market research undertaken to meet similar requirements;

Reviewing Federal Supply Schedule contracts, and other Government contracts.

9. Any other facts supporting the use of Other Than Full and Open Competition:

All rationale is outlined in section 5

10. List of Sources that Expressed Interest in Writing:

N/A

11. Actions to Remove Barriers to Future Competition:

The long-term T-AGS O&M services requirement will be competed under a future solicitation, which will include competition.

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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/Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

HEAD OF CONTRACTING ACTIVITY, MILITARY SEALIFT COMMAND

Upon the basis of the above justification, I hereby approve as the Head of Contracting Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition.

mailto:delicia.o.carswell.civ@us.navy.mil