JA 22251_CNO Barge_Redacted.pdf

J&A Number: 22,251

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. § 3204(a)(5); 15 U.S.C. § 637(m); FAR 6.302-5(b)(7).

5. Rationale Justifying Use of Cited Statutory Authority.

10 U.S.C. § 3204(a)(5) provides agencies the authority to use other than competitive procedures when a statute expressly authorizes or requires that the acquisition be made through another

Per FAR 6.302-5(b), an agency may utilize this authority for sole source awards under the small business socioeconomic contracting programs (i.e., 8(a), HUBZone, SDVOSB, or WOSB programs). However, there is no order of precedence among the n determining which socioeconomic program to use for an acquisition, the contracting officer should consider, at a minimum-(1) [r]esults of market research that was done to determine if there are socioeconomic firms capable of

(2) [a]gency progress in fulfilling its small business goals. FAR 19.203(d).

following the Contracting Officer consultation with the NAVSEA Small Business Office (SEA00K) to ensure that a set-aside fits the NAVSEA small business goals, the contracting officer has decided to set aside this procurement for a WOSB concern. In accordance with 15 U.S.C. § 637(m)(7), a contracting officer may award a sole source contract to any small business concern owned and controlled by a woman if:

(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by women will submit offers for the contracting opportunity;

(B) the anticipated award price of the contract (including options) will not exceed-

(i) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

(ii) $4,000,000, in the case of any other contract opportunity; and

(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.

In addition to the requirements of § 637(m)(7), the contracting officer must also determine that none of the exclusions provided in FAR 19.1404 apply to the requirement. Such exclusions are requirements that can be satisfied through: award to Federal Prison Industries, Inc or AbilityOne participating non-profit agencies, orders under indefinite-delivery contracts, orders against Federal Supply Schedules, or requirements currently performed under the 8(a) program. See FAR 19.1404(a)-(d).

Based on market research, the Navy has identified Dock High, LLC, a WOSB, as the only such concern that can meet the unique requirements for the CNOB. While t initial market research was able to identify another small business socio-economic contracting program irement (SDVOSB), a late-breaking submission from Dock

High, LLC identified a vessel that technical requirement specifically, the CNOB must have a maximum air draft (height above waterline) of approximately 16 to highest permanent structure/mast to safely pass under bridges on the Potomac River in Washington, D.C.

This limited maximum air draft requirement severely limits the number of vessels that can serve as the CNOB and failure to meet this requirement would render the barge unusable for its intended purpose. While the submission from the SDVOSB can, with extensive modifications, fit technical requirement, the modifications required would likely render the vessel Dock High, LLC can provide a vessel that fits within the maximum air draft limitation with only minor modifications and can be available prior . Dock High, LLC is the only WOSB that has expressed interest in this requirement that s requirement. The contracting officer does not have a reasonable expectation that offers would be received from two or more woman-owned small business concerns capable of meeting the requirements.

Awarding the proposed contract on a sole source basis under § 637(m) is appropriate because the anticipated award price is , which is well below the $7,000,000 limitation for manufacturing established in § 637(m)(7)(B)(i). Additionally, as stated in subsection 7, the contracting officer has determined that the anticipated cost to the Government for the services and supplies covered by the J&A will be fair and reasonable. Furthermore, none of exclusions provided in FAR 19.1404 apply to the CNOB requirement.

For these reasons, the contracting officer has determined that award to Dock High on a sole source basis in accordance with FAR 19.1506 is appropriate for CNOB requirement.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

NAVSEA posted three (3) Requests for Information (RFI) to SAM.GOV on 5 December 2024, 13 May 2025, and 5 August 2025 seeking firms capable of meeting the requirements. These RFIs, as well as inquiries sent to yacht brokers, yielded responses from five

(5) companies. As stated above, the Navy has identified Dock High, LLC, a WOSB, as the only

No additional market research was conducted.

7. Determination of Fair and Reasonable Cost

The contracting officer has determined that the anticipated cost to the Government for the services and supplies covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

NAVSEA has no plans at this time to procure an additional flag barge. However, if another potential source emerges, NAVSEA will assess whether competition for future requirements is feasible.