JA N10325C4019P00009_Redacted.pdf

J&A N10325C4019P00009

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), Ship Charter Contracts Division (N103)

2. Description of the Action Being Approved.

The purpose of this justification is to obtain approval to issue an out of scope modification under contract N3220525C4019 to use a harbor tug currently under the contract to assist with completing a tow mission at NPTU in Charleston, SC outside of the contract’s geographical region of Kings Bay, GA and Mayport, FL to include surrounding navigable waters.

3. Description of the Supplies/Services.

a. Military Sealift Command requires the services of one (1) of two (2) fully-crewed U.S. Flag submarine-fendered tugs necessary to provide undocking and river transit support for movement of (MTS) 626 from to . The mission is anticipated to take place around

August 2026. While the actual mission is only estimated to take 4-8 hours once started, due to uncertain weather conditions, the tug could be needed for up to 5 days for mission, not including any travel time required to arrive in and return from Charleston, SC.

Estimated Start Date:

Estimated Duration (including travel): 5 – 7 days

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

10 U.S.C. 3204(a)(1) or 41 U.S.C. 3304(a)(1) and Revolutionary FAR Overhaul (RFO) FAR 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Moran Towing Corporation, Thames Towboat Company, and Alpha Marine Services are the only East Coast providers equipped with purpose-built harbor tugs featuring the specialized fendering and propulsion systems required for naval vessel movements. This limited pool was further consolidated in October 2025 when Moran Towing Corporation acquired the Bisso Towboat Company.

These vessels have slight modifications from other commercial tugs, and the vessels feature non-marking rubber fendering below the waterline specifically designed to protect submarines from hull damage. Even though modified to adapt to a Government requirement, the Tugs otherwise operate as standard, commercial tugs. Therefore, the services being procured are commercial. Typically, a single responsible party operates at each naval station, maintaining exactly the number of tugs required to fulfill Navy contracts. Current asset allocations include:

Kittery, ME (Portsmouth Naval Shipyard): Moran Towing Groton, CT (Naval Submarine Base New London): Thames Towboat

Norfolk, VA (Naval Station Norfolk): Moran Towing St. Marys, GA (Naval Submarine Base Kings Bay): Alpha Marine Services

Jacksonville, FL (Naval Station Mayport): Alpha Marine Services

Annual "Sources Sought" notifications consistently fail to identify new competitors. The scarcity of equipment is so severe that when the contractor for Kings Bay and Mayport sought substitute tugs for charter during regulatory shipyard inspections last year, no suitable vessels were found.

In short, East Coast tug inventory suitable for the requirement is strictly limited to meeting already-present current requirements in fleet concentration areas. There are no surplus assets, and the industry is not constructing new tugs with Navy specifications in mind. This lack of depth was evidenced in 2021 when market research found zero available submarine-fendered tugs in Charleston, SC, for MTS mooring; assets had to be redirected from other naval stations to support the mission. The practice has been repeated twice since then. Based on market research, there are no known commercially available sources capable of meeting mission requirements known to the Government.

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

Sources Sought SS-26-098 was posted to SAM.gov on 24 April 2026 with a due date of 28 April 2026. The responses received indicated that only responsible commercial source was capable. That capable vessel is scheduled to be under contract during that time period and is not available to serve as the second support tug for this mission. Therefore, the Government has determined there is no other responsible source capable of meeting mission requirements for the remaining other tug needed to complete this mission other than ones that are currently under contract and that utilizing a tug under N3220525C4019 is the most efficient and quickest method of meeting this chartering requirement.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer signed below has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable in accordance with Revolutionary FAR Overhaul 12.204 by conducting comparison to prices found reasonable on previous purchases as required by Revolutionary FAR Overhaul FAR 15.404-1(b)(4) – Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements and FAR 15.404-1(b)(5) – comparison of proposed prices to Independent Government Cost Estimates.

8. Actions to Remove Barriers to Future Competition.

The Government has competed for these types of vessels in the past on the Government-wide Point of Entry (SAM.gov) so that industry is aware of the Government’s needs.

9. Technical/Requirements Certification I certify that the facts and representation under my cognizance, which are included in this justification are complete and accurate to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval I certify that this justification is accurate and complete to the best of my knowledge and belief.

STEPHANIE RICKER (564) 226-4357

Procuring Contracting Officer

11. LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.