JA_Redacted(N3220525C4147).pdf

J&A N3220525C4147 T-AGOS Bridge

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), Special Mission Program

N105C/PM2.

2. Description of the Action Being Approved.

This action is a bridge contract to Contract N3220523C2506. The bridge contract is for one year, for the Operation & Maintenance (O&M) of the T-AGOS and T-AGM fleets by the incumbent contractor, Crowley Government Services (CGS). The anticipated bridge contract would result in a

Period of Performance (PoP) from 01 December 2024 to 30 November 2025. As discussed below, the bridge contract secures critical O&M services under the current contract.

3. Description of the Supplies/Services.

The original T-AGOS Class contract, N6238715C2505, and current follow on contract, N3220523C2506 provides for the worldwide Operation and Maintenance (O&M) of the T-AGOS and T-AGM fleets. Under this J&A, the contractor shall provide the same personnel, operational and technical support (ashore and afloat), equipment, tools, provisions, and supplies to operate the Government-owned vessel as in the named base contract for the stated PoP.

The total estimated firm fixed price value of this bridge action is for operating hire. This does not include pass-through expenses.

The estimate is broken out by fiscal year as follows:

Estimated Dollar Value

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

This justification is prepared under the authority of 41 U.S.C. 3304(a)(2), as implemented by

FAR 6.302-2, Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-2, Unusual and Compelling Urgency, the agency may use other than competitive procedures to limit the number of sources from which it solicits bids or proposals when: (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of a contract would result in serious injury, financial or other, to the Government. Here, a sole- source contract to CGS is the only way to avoid unacceptable delays and prevent loss capabilities.

The follow-on contract to Contract N6238715C2505, Contract N3220522C3100, was competitively procured and awarded to on 16 August 2022. This award was subsequently protested to the Government Accountability Office (GAO). MSC and

GAO agreed to a multi-step agency corrective action. Because of the protest, a bridge contract was noncompetitively awarded to the incumbent with PoP 01 December 2022 – 30 November

2024. However, based on the resulting corrective action that MSC had to take, award of the new follow-on contract has taken longer than anticipated.1

The following also contributed to the delays in the reprocurement of this requirement:

a. Based on input from MSC’s Office of Small Business, on 25 August 2023, Market Survey

Revision 2 (PM2-DOC-003) was posted to SAM.gov, on 19 September 2023, The two small businesses were found to be technically acceptable, and the acquisition strategy was adjusted from full and open to a total small business set-aside.

b. Deputy Assistant Secretary of the Navy (Procurement) (DASN-P) required the Source Selection Team (SST) to attend a Services Acquisition Workshop (SAW) a facilitated workshop built around a specific acquisition and its multi-functional team – which is mandatory for acquisitions for acquisition value. The Procurement

Contracting Officer coordinated with the Defense Acquisition University (DAU) to facilitate a

SAW for the SST

Additionally, due the re-procurement, the Acquisition Plan required Deputy

Assistant Secretary of the Navy (Procurement) (DASN-P) signature.

The revised POA&M indicates an anticipated contract award date of MSC is confident this contract will be awarded in accordance with the stated timeline.

Due to the urgency needed for continuity in operation and maintenance of the T-AGOS and T-

AGM fleets, an up to 12-month second bridge contract is required to afford MSC additional time , to evaluate proposal submission sand award the new follow-on contract. Any delay in the second bridge contract award would result in financial and operational loss.

Contract N3220523C2506 is currently operating under a twenty-four (24) month bridge in accordance with FAR 6.302-1, Only One Responsible Source. The current bridge period will expire on 30 November 2024. Due to this extremely short timeframe, it is impossible to provide full and open competition of this requirement prior to the required performance start date of 01

December 2024

The vessels operated under this contract perform a mission that is critical to The

T-AGOS and one T-AGM vessels that are operated under this contract are currently performing missions for The five T-AGOS vessels directly support the Navy by

1 MSC underwent a multi-step corrective action.

MSC agreed to corrective action in restarting the acquisition process from acquisition planning to contract award.

The

USNS HOWARD O. LORENZEN

These vessels will continue these missions in the foreseeable future, and therefore the U.S. Government cannot afford a break in service.

Therefore, MSC must award a second bridge contract to ensure the continuity of service

Due to the critical nature and immediate urgency needed to fulfill the T-AGOS/T-AGM missions, MSC meets the requirements to limit full and open competition of this bridge contract by way of

FAR 6.302-2 (Unusual and compelling urgency). As stated, CGS (as the incumbent), is the only source that can perform the mission without unacceptable delays in fulfilling the agency’s requirements. Therefore, limiting competition is the only way to ensure the T-AGOS and T-AGM fleet of vessels continue to accomplish directed missions.

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

For the reasons outlined in Section 5, CGS is the only source capable of providing the required service without unacceptable delays in fulfilling the Government’s requirements for this extension period. MSC is in the evaluation phase of the follow-on procurement, MSC anticipates awarding the follow-on procurement before the end of this bridge contract.

7. Determination of Fair and Reasonable Cost.

Before award of the bridge action, the Contracting Officer will determine the rates to be fair and reasonable at the time of award.

8. Actions to Remove Barriers to Future Competition.

The next follow-on T-AGOS/T-AGM O&M services requirement will be competed under a future full and open solicitation. As previously discussed, MSC is currently conducting a competitive evaluation in support of the T-AGOS/T-AGM reprocurement, CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

HEAD OF THE CONTRACTING ACTIVITY APPROVAL, MILITARY SEALIFT COMMAND

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.