JA_Redacted-signed.pdf

FOR OFFICIAL USE ONLY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (J&A)

Under 41 U.S.C. 3304(a)(5)

Authorized or required by statute Ship Classification by the American Bureau of Shipping (ABS)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 13.106- 1(b)(1)(i) and in accordance with the requirements of 41 U.S.C. 3304(a)(5) the justification for the use of the statutory authority is justified by the following facts and rationale required under as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG) Headquarters, Office of Contract Operations (CG-9123), Washington, D.C., presents this Justification for Other Than Full and Open Competition (J&A) for review and approval.

(2) Nature and/or Description of the Action Being Approved.

As a part of the Polar Icebreaker (PIB) procurement, the Coast Guard is required by statute to have the American Bureau of Shipping (ABS) classify each PIB in line with ABS classification standards. The work to be performed by ABS is described below in Section 3, “Description of Supplies / Services,” and the statute requiring the use of ABS is detailed in Section 5, “Demonstration that the Nature of the Acquisition Requires Use of the Authority Cited.”

The contract will be awarded to ABS to support the Coast Guard in ensuring consistent interpretation of ABS classification standards, particularly in the areas of newly enacted rules governing vessels that are intended to operate in the Polar Regions.

(3) Description of Supplies / Services.

To effectuate the statutorily required ABS classification of the PIB, ABS will provide support in developing the specification for design and construction of the PIB where ABS classification standards are utilized.

(4) Identification of statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(5), as implemented by FAR 13.501(a).

(5) Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

The governing statute is the Coast Guard Authorization Act of 2010 (H.R. 3619 of the 111th U.S. Congress), Title IV, Section 402, Chapter 15, Subchapter II, Section 573(c)(3)(A) (codified at 14 US Code § 537). This statute requires that “the Commandant shall cause each cutter, other than a National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance.” The Coast Guard Authorization Act can be found here: http://www.gpo.gov/fdsys/pkg/PLAW-111publ281/pdf/PLAW-111publ281.pdf.

To implement the Act’s requirements, Section C.9 of the PIB RFP will state that “The Contractor shall deliver the ship(s) in class by the American Bureau of Shipping (ABS).”

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

As previously noted in Section (5), the Coast Guard Authorization Act of 2010, 14 US Code§ 537 requires all newly acquired USCG cutters to be classed by ABS. As only ABS itself can provide ABS certification, there are no other potential sources until U.S. statute changes to allow for ship classification by organizations other than ABS. The USCG will continue to monitor future congressional legislation for changes to the requirement.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

The PIB Contracting Officer has determined that the anticipated prices for ABS’s classification services will be fair and reasonable based on price analysis in accordance with FAR 15.404-1(b)(2).

(8) Description of Market Research:

An internet search using Bing Search engine resulted in one other organization capable of classing ships, Lloyds Register of the United Kingdom. This source cannot be used for the current acquisition given the Coast Guard Authorization Act of 2010 specifically requires the use of ABS for these services.

(9) Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Not applicable.

(10) A Listing of the Sources, if Any, That Expressed, in Writing, an Interest in the Acquisition.

None

(11) 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.

As long as it is mandated by statute, the USCG will be required to use ABS to classify vessels. The USCG will continue to monitor future congressional legislation for changes that will allow for competition of vessel classification services in the future.

(12) Contracting Officer’s Certification I certify that this justification supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

_____________________________ 1 August 20156 TRELLIS T. MARTIN Date Contracting Officer, US Coast Guard CG-9123

(13) Technical/Requirements Personnel Certificatio.

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

AHMED R. MAJUMDER Date Deputy Program Manager, US Coast Guard CG-9326