49416_JOTFOC_Redacted.pdf

Justification for Other Than Full and Open Competition

Under 41 U.S.C. 1901

Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements

Pursuant to the requirement of Federal Acquisition Regulation (FAR) Part 13.5, Test Program for Certain Commercial Items, the justification for the use of the statutory authority is supported by the following facts and rationale required under FAR 13.501(a)(1)(ii).

(1) Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard Surface Forces Logistics

Center, Small Boat Product Line, located at 2401 Hawkins Point Road, Baltimore, MD 21226, proposes to enter into a contract on a basis Other Than Full and Open Competition.

(2) Nature and/or description of the action being approved.

The Department of Homeland Security, United States Coast Guard has a requirement on a sole source, unusually urgent and compelling basis for North Florida Shipyard to replace the buoy deck on ANT Jacksonville’s 49416 in accordance with the SOW (49ABUSL49416) dated 03

JUN 2015.

North Florida Shipyards INC.

The Coast Guard intends to award one fixed price contract using the procedures at FAR 13.5 and

FAR Part 12 for the period of This acquisition will use Fiscal Year

2015, AFC-30 funds - Operating Expenses.

(3) Description of Supplies/Services.

The requirement is for the buoy deck renewal on USCG CG Hull # 49416. Approximately 248 sqft. of the buoy deck will be replaced due to deterioration and pitting. CG 49416’s primary mission is to conduct aids-to-navigation missions; the buoys used for these operations are of significant weight. Continued use of these buoys on this deck could result in premature deck failure and render the 49416 inoperable (or “not mission capable”). The Independent

Government Estimate (IGE) for this work is and includes the following definite

Contract Line Item Number (CLIN): D-001: Main Deck Restore.

(4) Identification of the justification and the rationale.

The statuary authority permitting other than full and open competition is 41 U.S.C. 1901 implemented by FAR 13.501(a) for urgent and compelling requirements using Simplified

Acquisition Procedures.

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

This requirement is to renew approximately 248 sqft. of the buoy deck. Because CG 49416’s primary mission is aids-to-navigation, the failure of the buoy deck could cause a complete loss of mission capabilities and possible injuries to crew and other vessels that rely on the buoys for navigation. The vessel is currently undergoing a dry-dock repair at North Florida Shipyards that began 03/17/15 and was scheduled to end 06/25/15 under Contract No. HSCG40-15-C-P30337.

The need for this work was not identified when this drydock availability was initially competed and awarded to North Florida Shipyard; rather, it was a condition discovered during paint preparations for the deck. Competing this additional, out of scope work and commencing these buoy deck repairs at a different drydock facility would result in additional costs of approximately in transportation costs and duplicate efforts. The following work items are currently part of the drydock contract and would have to completed again if the vessel was hauled to another facility, because they are interferences to the buoy deck renewal: 1) Defuel/refuel, 2) hydraulic oil tank clean/inspect, 3) deck preservation, 4) marine chemist inspections, 5) temporary services, 6) sea trials, and 7) underwater body inspection. Also, there is the potential for the loss of operational days if the work is completed at a later date, by a different facility, which could cause disruption for vessels navigating within the vessel’s Area of Responsibility

(AOR). Awarding deck replacement while the vessel is still hauled out of the water for its quad-annual drydock allows the deck and other drydock work to be performed simultaneously, allowing the unit to reschedule operational commitments without the need for another drydock maintenance period.

Furthermore, this requirement is unusually urgent, because the buoy deck repairs that need to be completed are causing a work-stoppage for other scheduled CLIN’s under the previously awarded contract. The SBPL incurs daily “lay-day” costs of approximately for the boat to be held in drydock, which was initially scheduled to end 6/25/15. The buoy deck repairs will take until 7/21/15 to complete. The completion of this work on an urgent basis will minimize the impact of extending this hull’s drydock period, saving significant costs and returning this boat to a mission capable status in an efficient and minimally burdensome fashion.

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

Due to the urgent and compelling nature of this requirement, minimal efforts were made to solicit offers from potential sources; however, previous procurement history under the initial drydock availability was reviewed. While several potential sources were identified during that market research phase, there were no other sources, aside from North Florida Shipyard, that expressed an interest in the drydock work or submitted a proposal in response to that solicitation.

North Florida Shipyard is the only source who can complete this work without duplicating efforts for work already completed, further extending the drydock beyond 7/21/15, and impacting other scheduled CLIN’s under the previous contract. The sole source solicitation will be posted on www.fbo.gov for a period of two (2) calendar days based on urgency as documented herein.

(7) Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer determines that the anticipated price will be fair and reasonable based on the Independent Government Estimate and prior acquisition history for deck repairs performed on previous vessels.

(8) Description of market research.

Minimal market research was conducted for this work due to the urgent and compelling nature of this follow-on requirement. The previous history and market research for the initial drydock requirement was reviewed, and from this information, it was determined that the cost and impact of competing this work and possibly awarding to an alternative source would significantly impact the mission as discussed in Section 5.

(9) Any other facts supporting the use of other than full and open competition.

The deterioration of the buoy deck was discovered prior to preparations for painting the deck under the previous contract. The repairs fall outside the scope of work for this contract.

Conducting a competitive solicitation process would cause serious impact to the Government in the form of loss of operational days and additional costs not expected to be recovered through competition as discussed in Section 5.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Further supporting this sole source justification for follow-on work, the initial drydock availability was solicited on FBO and received only one (1) offer from North Florida Shipyard.

No other sources expressed an interest in that requirement.

(11) A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for required supplies or services.

To overcome any barriers to competition on future acquisitions, the Government will conduct more thorough inspections during the initial Work Definition Conference to ensure that the risk for additional, out of scope work is mitigated. In addition, the Government will include definite work items for inspections to be used during availabilities and allow for the inclusion of optional line items in the event that additional work is needed as a result of those inspections, thereby ensuring that all relative work is competed under one solicitation.