Justification (2).pdf

SOLE SOURCE JUSTIFICATION

Federal Acquisition Regulation (FAR) Part 13.5, Simplified Procedures for Certain

Commercial Products and Services and FAR Parts 13.501(a)(ii), and 12 Solicitation

Number: 70Z08522P38716

Pursuant to the authority of 41 U.S.C. 3304(a)(2) as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of FAR 6.303-2, the following facts and rationale support this justification. The approved Unusual & Compelling Urgency Justification will be published with resultant award notification as prescribed by FAR Parts 6.305(b) and 13.501(a)(iii).

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Surface

Forces Logistics Center (SFLC), Icebreaker, Buoy and Construction Tender Product Line

(IBCTPL), Contracting and Procurement Division (CPD), located at 300 East Main Street, Norfolk, VA. 23510, prepared this justification.

2. Nature and/or Description of the Action being Approved.

(a) Nature of the action: The USCG has an unusual and compelling urgency requirement for an Unplanned Dry-Dock the United States Coast Guard Cutter (USCGC) BLUEBELL on a sole source basis under FAR Part 13.5.

(b) Name and address of the contractor: JT Marine, 2501 SE Hidden Way, Vancouver, WA 98666.

(c) Type of action: The SFLC Contracting Officer intends to negotiate a firm-fixed priced contract with JT Marine.

(d) Estimated total value: $463,306.00

CLINS DESCRIPTION

UNIT

PRICE QTY

EXTENDED

PRICE

D-001

Tanks, MP Fuel Service, Clean and

Inspect $10,476.00 1 $10,476.00

D-002

Propulsion Shafting, Strain Gage

Alignment, Inspect $61,720.00 1 $61,720.00

D-003

Tanks, MP Fuel Service, Preserve, Partial $ 5,027.00 1 $ 5,027.00

D-004 Dry-dock $81,683.00 1 $81,683.00

D-005 Temporary Services, Provide - Tender $12,860.00 1 $12,860.00

D-006 Sea Trial Performance, Support, Provide $10,700.00 1 $10,700.00

D-007 Towing Services, Provide $17,400.00 1 $17,400.00

D-008 Reduction Gears, Replacement $80,000.00 1 $80,000.00 Total Overall $463,306.00

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2022

(g) Solicitation number: 70Z08522P38716

(h) Background information about the requirement: The Coast Guard Cutter (CGC) BLUEBELL (WLI 313) requires an Unplanned Dry-Dock to complete repairs to the port and starboard (stbd) Main Reduction Gears (MRG). The CGC BLUEBELL (WLI 313) experienced a loud noise coming from the starboard MRG during operation and also notice metallic flakes in the oil. Upon inspection by technical experts it was advised to remove and replace both the stbd and port MRGs.

3. Description of Supplies/Services. This acquisition will dry dock CGC BLUEBELL (WLI

313) to (1) remove condemned stbd and port MRGs (2) install stbd and port MRG 521 provided by the Coast Guard (3) conduct fuel tank clean/inspect/preserve and (4) technical representative services to provide support for installation of MRGs on CGC BLUEBELL

(WLI 313).

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting this Urgent and Compelling Justification is 41

U.S.C. 3304(a)(2) Simplified Acquisition Procedures, as outlined in FAR Subpart 13.501(a)(ii), and as implemented by FAR 13.5, Simplified Acquisition Procedures for Certain Commercial

Items.

5. Identification of Exception to the Buy American Act. Non-Applicable. No exception to the

Buy American Act has been identified.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) Rationale for using the authority cited in Section 4 of the Sole Source Justification, based on Urgent and Compelling: There is an urgent and compelling need to award to

JT Marine as it is the only facility in the Portland, OR area that can accommodate CGC

BLUEBELL (WLI 313) on short notice. The CGC BLUEBELL (WLI 313) has been unable to get underway since 19 May 2022 due to a stbd MRG casualty. Since the casualty, both MRGs have been condemned based on manufacturer inspection and require replacement. The CGC BLUEBELL (WLI 3.13) is the only Coast Guard asset in the area that can transit up river to service aids to navigation (ATON). Winter lock closures inhibit access to some regions of CGC BLUEBELL’s operating area. As winter approaches, CGC BLUEBELL’s window of opportunity to correct up river ATON discrepancies shrinks. Prompt repair of CGC BLUEBELL’s MRGs is necessary to correct these discrepancies prior to winter and maintain the flow of commerce up river from Portland, OR.

(b) Details covering what events lead to the situation requiring use of other than full and open competition procedures including whether any portion of the work can be segregated to allow for competition:

CGC BLUEBELL has two condemned MRGs and is unable to get underway under their own power. This greatly restricts the area in which they can be dry docked as they will have to be towed to the facility.

(c) Summarize alternatives considered and why they will not work:

Diversified Marine was contacted but not able to perform the work because it was just recently awarded a contract for two sunken ships and its Coast Guard certifications for dry dock are not unavailable until late October. Vigor was also contacted since the shipyard is in close proximity to CGC BLUEBELL’s homeport but there was no response after numerous attempts of communicating.

(d) Impact to the mission that would result if the J&A (Sole Source Justification, based on Brand Name Only) is not approved and, consequently, the product or service not provided:

The inability to correct these discrepancies may result in river closures issued by the local

Harbor Master. If the CGC BLUEBELL is unable to get underway on its own and will need to be towed to a dry dock facility. If a contract is awarded outside of the immediate area it will extend an already complex towing evolution.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

This section should include the following information:

(a) It was noted that Diversified Marine Inc. and Vigor both located in Portland Oregon and has the capability to Dry-Dock the CGC BLUEBELL were contacted by

Availability Project Manager (APM) to assess their capabilities on quoting the

Unplanned Dry-Dock.

(b) If an announcement is being planned for posting in Contract Opportunities, provide the estimated date of publication. A combined synopsis/solicitation was posted to SAM.gov on 31 August 2022.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on comparison with the Independent Government Cost Estimate (IGCE) and Other than certified cost or pricing data. A price analysis will be performed to ensure a fair and reasonable price is negotiated in accordance with FAR 13.106- Additionally, the offeror may be required to submit ‘Other Than Certified Cost or Pricing Data’ (FAR 15.403-3) to support price negotiations.

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here.

(a) The APM conducted market research Aug 7, 2022 – Sep 6, 2021 via internet searches and direct contact with industry. In total there were three facilities in the immediate area with capabilities to dry dock CGC BLUEBELL: Diversified Marine Inc., Vigor

Shipyard in Portland, OR, and JT Marine in Vancouver, WA. No response was received from Vigor after numerous attempts to get in contact with them through email and phone. Contact was made with Diversified Marine but ultimately were not able to accommodate CGC BLUEBELL during the requested period of performance (POP). JT

Marine is able to accommodate the POP.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

(a) An explanation why technical data packages, specifications, statement of work, or purchase descriptions are not suitable for full and open competition. N/A

(b) Discuss why your requirement cannot be modified to enhance competition. N/A

(c) For a proposed contract subject to the restrictions of FAR 6.302-1 for follow-on acquisitions as described in 6.302(a)(2)(iii), provide an estimate of the cost to the

Government that would be duplicated and detailed information on how the estimate was derived. N/A

(d) For a proposed contract subject to the restrictions of FAR 6.302-2(d) or HSAR

3006.302270 and where FAR 6.302-2 is cited as the authority, describe the exceptional circumstances allowing for an award for a period of performance in excess of the one-year limitation (applicable to all federal agencies) or the

DHS-specific statutory 150-day limitation. N/A

11. A Listing of the Sources, if any, that expressed, in Writing, an Interest in the

Acquisition. N/A

12. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or

Services Required.

(a) Will the Government revise overly technical specifications, acquire data rights, etc.? The urgent and compelling nature of this situation prevents full and open competition for this one-time procurement.