JA_DETC_ODC.doc

J&A No. N102-20-C-2002A

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC), Norfolk, VA.

2. Nature of Action: Due to theater operational commitments that required VERTREP Det C to remain ashore for an extended period, the value of CLIN 1005 needs to be increased.

3. Description of Supplies/Services: All MSC VERTREP contracts are awarded with $100,000.00 per year of funding that is available for shore based periods. This amount is typically more than enough to cover the small amounts of time that the contractors must remain ashore, but due to unforeseen changes to the ships mission and the implementation of quarantine procedures resulting from COVID-19, the DET C helicopters remained shore based for an unusually long period of time. Because of this, the CLIN amount for CLIN 1005 needs to be increased to accommodate for the prolonged ashore period.

4. Statutory Authority: 41 U.S.C.3304(a)(1) as implemented by FAR 6.302-1, Only one responsible source can satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority: In accordance with FAR 6.302-1(a)(2), full and open competition need not be provided when the supplies or services required by the agency are available from only one responsible source that can satisfy agency requirements. This requirement supports the use of the authority cited in 41 U.S.C. 3304(a)(1) because the contractor Air Center Helicopters, Inc. (ACHI) is the only contractor under the VERTREP contracts that is currently performing the DET C mission within that Area of Responsibility (AOR). Thus, there are not any other MSC VERTREP contractors that possess the assets required to perform the required mission in the area. Travel restrictions due to COVID-19 also prevent another Contractor from being able to arrive in theatre and perform the DET C mission within a reasonable amount of time. Contractors outside of MSC’s VERTREP contracts do not possess helicopters that have all of the modifications mandated by the VERTREP PWS. Because of this, the required ashore mission cannot be continued by another contractor.

6. Description of Efforts made to Solicit Offers from as Many Potential Sources as Practical: Due to ACHI being the only source that is able to perform the required ashore mission, other offerors will not be solicited to fulfill this requirement.

7. Contracting Officer’s Determination of Fair and Reasonable Price: This procurement represents the Government's minimum requirement. Due to this modification being a sole-source, price competition will not be obtained. Before payment, prices provided will be compared to prices found reasonable for previous ashore periods.

8. Description of Market Research Conducted: Market research was performed to ensure that ACHI was the only contractor able to provide this service, in a timely manner, in the DET C AOR. It was confirmed that competing the action and having another company’s helicopters delivered to the AOR was unreasonable due to the extremely high cost and the required timeline. Competing this action would lead to mission failure.

9. Other Facts Supporting Use of Other Than Full and Open Competition: Use of other than full and open competition is supported because the only contractor able to fulfill the requirement for MSC is ACHI.

10. List of Sources That Expressed Interest in Writing: None.

11. Actions to Remove Barriers to Future Competition: MSC will continue to maintain communications with the fleet in order to get a reasonable estimate for the time that the contractor will be ashore in order to award with ample funding on the ashore CLIN. Unfortunately, the Navy mission and, in-turn, the MSC mission changes without notice and it is often difficult to predict extended ashore periods.

12. Delivery Requirement: An increase in the value of CLIN 1005 will not affect the period of performance of the contract.

13. Total Estimated Dollar Value: <VALUE REDACTED>

14. Acquisition Plan Supporting this Action: An acquisition plan is not required for this modification. An acquisition strategy was approved for the Contract (N32205-19-C-2002) prior to its solicitation.

15. Issues Relating to Contractor Performance: N/A

16. Congressional Interest: N/A

TECHNICAL AND REQUIREMENT CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate.

TECHNICAL COGNIZANCE

<Signature Redacted> CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(12)

I certify that this justification is accurate and complete to the best of my knowledge and belief.

<Signature Redacted>

LEGAL REVIEW

I have reviewed this justification and it is deemed to be legally sufficient.

<Signature Redacted>