25P2052_JA1_Redacted.pdf

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), Service Support Program (N103)

2. Description of the Action Being Approved.

The purpose of this J&A is to obtain approval to award a firm-fixed-price contract, N3220525P2052, on a sole source basis to U.S. Marine Management, LLC, for a 60-day tanker time charter for the U.S. flag vessel, MT SHENANDOAH TRADER. The period of performance for this contract action is from . This time charter is necessary for the continued coverage of Consolidated Cargo (CONSOL) operations. This is a FAR Part 13.5 procurement and, therefore, it is exempt from Part 6 but still requires a written justification and approval per FAR Part 13.501(a)(2)(ii).

3. Description of the Supplies/Services.

The contract provides for one, U.S. flag, tanker vessel, that has certified CONSOL stations certified by NAVSEA-Port Hueneme Division under a MSC tanker time charter. It allows for worldwide use of the vessel to meet current and emergent missions.

Contract N3220525C4001 provides for the commercially operated U.S.-flag tanker MT SHENANDOAH TRADER to support Defense Logistics Agency-Energy fuel deliveries in the for 150-days. The vessel was redirected almost immediately to fulfill NAVCENT requirement for CONSOL operations and to serve as a CONSOL tanker. Her contract ends on .

This sole source procurement’s sole purpose is for the continued coverage of CONSOL tanker operations. The total estimated value of this 60-day contract is $6,840,000.00, which includes

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

41 U.S.C. § 1901(a)(2), as implemented by FAR 13.501 Special Documentation Requirements

5. Rationale Justifying Use of Cited Statutory Authority.

This J&A permits award of contract N3220525P2052 for services provided under FAR

13.501 for charter service contract.

MT SHENANDOAH TRADER is currently on a spot time charter to MSC and is currently enrolled in the Tanker Security Program (TSP) sponsored by the U.S. Maritime

J&A No. N10325P2052

The Agency has an unusual and compelling need that precludes full and open competition and justifies limiting sources sought to the current service provider since any delay in the award of a contract would result in serious injury to the national security interests of the United States.

This notwithstanding, the Contracting Officer, knew of no other U.S. flag tankers in the vicinity with required capability of CONSOL stations installed, which could have provided the needed service. The Contracting Officer consulted materials and other information relating to all known U.S. Flag tankers either capable of having CONSOL stations installed or having the required CONSOL stations and certifications in the area. Specifically, the contracting officer contacted knowledgeable individuals, reviewed the results of recent market research for similar or identical requirements, and obtained lists of similar services.

The continued use of MT SHENANDOAH TRADER is in keeping in the spirit of Cargo Preference Laws.

This requested contract award is exempt from the synopsis requirement by FAR 5.202(a)(2) ("unusual and compelling urgency precludes competition to the maximum extent practicable") because the Government would be seriously injured if the agency complies with the time periods in FAR Part 5.203. Further, there is not enough time to complete a 30-day Simplified acquisition PALT to meet the required layday in order to ensure mission is completed.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer signed below, has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable in accordance with FAR 13.106-3(a)(2)(i)-market research, FAR 13.106-3(a) (2) (ii)-comparison to prices found reasonable on previous purchases and FAR 13.106-3(a) (2) (vii)- any other reasonable basis.

8. Actions to Remove Barriers to Future Competition.

Due to the urgent nature of this requirement, time does not permit full-and-open competition.

To the maximum extent practicable, MSC intends to continue to solicit and competitively award future charter requirements for tanker vessels supporting missions worldwide on a full-and-open basis, in the appropriate PALT time required to complete the actions.

J&A No. N10325P2052

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. I certify that the supporting data that forms the basis for this justification is complete and accurate.

Technical/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

DIRECTOR, CONTRACTS AND BUSINESS MANAGEMENT, MILITARY SEALIFT

COMMAND

Upon the basis of the following justification, I, hereby approve, as Competition Advocate, Military Sealift Command, the contract action described herein using other than full and open completion, pursuant to the authority of 10 U.S.C. 2304(c)(1):

John Duenas, CAPT 757-341-2308 26 March 2025 Name (Printed) Phone No. Date