J A No N102 20-0107H001-1_Redacted.pdf

J&A No. N102-20-0107H001

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), Norfolk.

2. Description of the Action Being Approved:

This contract action is to provide continuity of critical Husbanding operations for the USNS COMFORT to the State of New York. In response to the Presidential Declaration of a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak, Multinational Logistic Services (MLS) was awarded a task order under an urgent and compelling basis to pre-arrange and coordinate port and harbor operations in preparation of the ships’ arrival in New York City. The current period of performance, which commenced on 27 March 2020, ends 20 April 2020.

The subsequent task order will be awarded on an urgent and compelling basis allowing continuity of services without unacceptable delays. Allowing for fair opportunity would cause unnecessary delay and risk of potential loss of life.

3. Description of the Supplies/Services:

Due to on-going developments, retaining MLS as the husbanding provider will ensure continuity of essential services to the USNS COMFORT while responding to the critical needs of the City of New York. New York. Husbanding services currently include, but are not limited to providing trash and medical waste disposal, coordinating telecommunications to hospital wards, fleet landing supplies, force protection measures, patient screening resources, port labor and transportation needs.

MSC recognizes its obligation to provide each awardee a fair opportunity under the current NAVSUP FLC ECONUS Multiple Award Indefinite Delivery, Indefinite Quantity contract N00189-18-D-0024. Contractors are to be considered for each order exceeding $3,500.00 issued under multiple delivery-order contracts or multiple task-order contracts in accordance with Federal Acquisition Regulations (FAR) 16.505(b)(1)(i). However, for this requirement, fair opportunity will not be provided due to the urgency that providing a fair opportunity would result in unacceptable delays.

Taking into account the complexity of logistical challenges, only one company, Multinational Logistic Services, is uniquely positioned to provide unbroken and continuous services to USNS COMFORT while responding to this national emergency in New York City.

The estimated total amount for this requirement is which covers a period of performance commencing on 21 April 2020 and concluding on 03 June 2020.

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

FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Rationale Justifying Use of Cited Statutory Authority:

In accordance with FAR 16.505(b)(2)(i)(A) and (B): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays, and only one company is capable of providing the services under the circumstances. Due to the nature of services being provided it is not feasible to offer fair opportunity. Any lapse is service could potentially lead to loss of many lives in the region. Furthermore, a new contract would require the new awardee to establish new lines of communications and agreements with local vendors, authorities and government officials, which could delay in responding to rapid developments of the USNS COMFORT in the time of national emergency.

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

The Contracting Officer intends to post a redacted copy of this J&A for this proposed contract action on the beta.sam.gov website in accordance with FAR 5.203(a). Market research was conducted to confirm that prices under the current contract are still considered fair and reasonable and it would be unlikely that the Government would obtain more favorable pricing as a result of re-competing this requirement.

7. Determination of Fair and Reasonable Cost:

All pricing that was not previously determined fair and reasonable under the base contract will be determined fair and reasonable in accordance with FAR 15.404-1

8. Actions to Remove Barriers to Future Competition:

It is expected that the requirements described herein will not exceed the 03 June 2020. If the USNS COMFORT is tasked to relocate to another port on the East Coast, fair opportunity will be given to all current contract holders in this specific region.