JA-SFLC-SEADOG_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204(c)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Surface Forces Logistics Center prepared this justification for other than full and open competition.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: USCG intends to procure on an Unusual and Compelling Urgency basis.

(b) Name and address of the contractor: St. Johns Boat Company, 9852 Heckscher Dr, Jacksonville, FL 32226

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options):

Work Item Unit Price Total

Towing Services Dry Docking Various Repairs Temporary Services

Total

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: 70Z08024QPBPL0033

Background information about the requirement: The Coast Guard Cutter (CGC) SEA DOG has experienced extensive thru- hull damage and subsequent flooding. CGC SEA DOG's condition is as follows: suspect watertight integrity, significant damage to underwater appendages. The cutter’s hull is temporarily patched but is actively taking on water. The cutter currently lacks any: propulsion, electrical power, or mechanical power.

The cutter is currently tied up at Nassau Terminal. The cutter crew has actively been standing watch for approximately one week with no facilities available. Nassau Terminal commercial activities are expected to be impacted as soon as Tuesday 02APR2024 with the planned arrival and unloading of two commercial cargo carriers at the terminal. Any attempt to procure services in a full and open competition could potentially result in serious injury to Coast Guard personnel, loss of cutter due to sinking, or potential for financial loss due to disruption of commercial activities at the Nassau International Terminal due to the physical location of the cutter and the urgency of the cutter’s current state.

3. Description of Supplies/Services.

The requirement is to provide needed repairs to tow the vessel safely from the Nassau Marine Terminal to St. Johns Boat Company to make the necessary hull repairs so that CGC SEA DOG can then be safely towed back to its homeport in Kings Bay, GA.

Repairs in dry dock will only pertain to the safety of the ship and limited to making the cutter safe for at-sea transit under dead-ship towing. The anticipated total cost of this requirement is with an anticipated period of performance of 90 days.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(c)(1) implemented by the FAR Subpart 6.302-2 entitled “Unusual and Compelling Urgency”. This requirement facilitates response to an unplanned dry dock due to catastrophic damage to the cutter. The period of performance will be limited to 150-days in accordance with HSAR 3006.302-270.

5. Identification of Exception to the Buy American Act.

Not Applicable.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

St John’s Boat Company is approximately 30 nautical miles from the cutter’s current location at Nassau Terminal. The next closest feasible facility that is actively certified is approximately 400 nautical miles from the cutter’s current position which places unacceptable risk of injury to government personnel or loss of the cutter due to sinking.

Contracting with St. John’s Boat Company minimizes risk/injury to the government’s personnel and property.

Alternative solutions are not available due to the time limitation imposed by the risk of progressive flooding and potential loss of property and/or injury to personnel. The cutter is not safe for open ocean transit and carries significant risk of flooding and loss of ship stability during a long-distance tow. Time restrictions apply as the cutter continues to take on water and the temporary patches present unacceptable risk levels to Coast Guard personnel in the cutter’s current condition.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The Government has limited the number of sources from which it solicits bids or proposals in accordance with FAR 6.301.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated process will be fair and reasonable based on prior procurement history and a comparison to the Independent Government Cost Estimate (IGCE). The IGCE was developed using historical averages of similar services and work performed in this geographical location.

Prior to the award of the proposed contract, price information shall be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

9. Description of Market Research.

Market research was conducted through a search of the USCG’s dry dock database and knowledge of past contractors to identify available sources and to evaluate the availability of the marketplace to meet the requirements of this contract.

Based on the results of the market research, the Government determined that no other vendors were/are available and/or possess the capability to tow the vessel and make the necessary repairs in order for the vessel to be towed back to its homeport.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

All facts have been documented in section 6 of this justification. There not additional facts to be reported in this section.

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition.

No other sources were capable of meeting this requirement in a compellingly urgent manner. This acquisition must be sourced locally to minimize risk to government personnel and property. The Government has limited the number of sources from which it solicits bids or proposals in accordance with FAR 6.302(a)(2).

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition for future acquisitions for these services.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

04APR2024

Date Contracting Officer

14. Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

04APR2024

Technical Representative/Section Chief

Final approver if total estimated value is greater than but not exceeding and Signature still required here if total estimated value exceeds . Signature required here if it requires Chief Procurement Officer approval (see below) or awarded under FAR 6.302-7 Public Interest or FAR 6.302-2 Unusual and Compelling Urgency with a period of performance that exceeds the period of performance (150 days) limitations identified in HSAR 3006.302-270:

Head of the Contracting Activity