Justification and Approval_Final_Redacted.pdf

Navy Marine Corps Acquisition Regulation Supplement APRIL 2018 (Change 18-24)

ANNEX 1 – JUSTIFICATION AND APPROVAL

J&A No. 24-J019

(CLASS) JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Supply Systems Command (NAVSUP), Fleet Logistics Center Jacksonville (FLCJ)

2. Description of the Action Being Approved.

Award of a second bridge on a sole source bases by modification to Task Order N6883618F0323 on GSA Contract GS-00F-283CA to ASR International Corp. (ASR), 580 Old Willets Path, Hauppauge, NY 11788.

3. Description of Supplies/Services.

Provide 3M Maintenance support services including tactical data network and Naval Expeditionary Combat Command Enterprise Tactical (NETC2) server management services, tactical radio support, tactical communications troubleshooting support and tactical data network helpdesk support for Naval Construction Group Two (NCG2) Tactical Communication Facility.

Period of Performance: Two Month base period – 25 May 2024 through 24 July 2024 with one 30-day option period 25 July 2024 – 24 August 204 in the event it is required.

Estimated Dollar Value

FY24 – FY24

Total

O&MN

Total

4. Statutory Authority Permitting Other Than Full and Open Competition. FAR 8.405-6 Limiting Sources - Orders placed under Federal Supply Schedules are exempt from the requirements in Part 6. Authority at FAR 8.405-6(a)(1)(i)(B). Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. The original order N6883618F0323 was not previously issued under limited-sources procedures.

5. Rationale Justifying Use of Cited Statutory Authority.

As defined by FAR 8.405-6(a)(1)(i)(B), this bridge action will be an extension of the current contract, N6883618F0323, on a limited source basis to avoid a lapse in service caused by a delay in awarding the follow-on contract. Per FAR 8.405-6(a)(1)(i)(B), Only one source is capable, the new work is a continuation to an original Federal Supply Schedule order to ASR International

Corp, where the original order was competed and placed in accordance with the applicable Federal Supply Schedule ordering procedures.

NCG2 submitted their follow-on requirements package on 23-Oct-2023 with an Independent Government Estimate (IGE) of $3.1M; thereby, allowing approximately 60-days to award the follow-on requirement. Upon receiving the package from the customer, the Contracting Officer discovered several documents that needed additional work; thus, making award by 25-Dec-2023 improbable. The first bridge package was approved and executed 25-Dec-2023. This second short-term bridge extension of the current contract is necessitated by unanticipated issues with the requirements package.

At the point that the first bridge request was approved, we anticipated award by 24 May 2024.

However, the solicitation and supporting documents required significant revisions prior to and after issuance. These include revisions to the IGE due to scope increases, realignment of major tasks associated with required labor categories, revision to duplicate and conflicting security requirements, revisions to the amount of travel required by contractor personnel, the addition of maintenance workload that reflected understated historical hours associated with current tasks.

After multiple PWS iterations, and a change in acquisition strategy from a Small Business to Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside, the solicitation was posted on 23 April 2024 with a closing date of 7 May 2024.

Questions from three potential quoters predominantly related to the requirements have uncovered additional changes that are required to the solicitation to which the customer agrees. Due to this, the Contracting Officer issued Amendment 0001 to the solicitation extending the solicitation response date to 24 May 2024. The Contracting Officer is working diligently with the customer to ensure the answers clarify requirements to allow submission of informed quotes that will result in an executable contract. Therefore, additional time is needed to complete the acquisition process and award the follow-on contract.

At this point, there is no vendor available other than ASR that can responsibly meet the existing requirements of this contract and begin performance by 24 May 2024. The reasons as to why ASR is the only responsible source are set forth in the first bridge and those reasons still apply.

Therefore, a second bridge is necessary to avoid a critical lapse in service.

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

With respect to the current proposed contract action, IAW FAR 5.202(a)(11), there is no requirement to synopsize as the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of

FAR 5.207.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

As this is a request to extend the current contract to allow for the award of a follow-on contract, there are no barriers to future competition. The follow-on requirement is a competitive procurement that will maximize competition and was solicited as a SDVOSB set-aside. It is currently in the solicitation phase with three (3) prospective contractors. Approval of this bridge action will allow for competition among the SDVOSB Small Businesses and the ultimate award of the follow-on contract. The estimated date of the follow-on contract award is 24 July 2024.