Justification_N3220524C4099-P00007_Redacted.pdf
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- Attached to
- USACE Shallow Draft Dredge Towing
- Solicitation number
- N3220524C4099
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This document is a Justification for Use of Other Than Full and Open Competition for a sole-source contract to provide urgent towing services for the Naval Station Guantanamo Bay in Cuba. The Military Sealift Command (MSC) requires a temporary, time-chartered, U.S. flag, ocean-going certified tug to support an urgent mission directed by a White House Memorandum concerning detention of high-risk immigrant criminals. The contract (N3220524C4099) involves two charter periods, each with 6 days of performance, involving lay days, loading, and delivery/discharge at Guantanamo Bay, Cuba. The U.S. Army Corps of Engineers (USACE) dredge MURDEN will be towed, as it cannot reach the station independently and requires towing services from Port Everglades, Florida. Due to the urgent nature of the requirement, the procurement is being conducted as a sole-source acquisition under simplified acquisition procedures, with the intent to competitively award future charter requirements when time permits.
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The estimate includes two (2) charter periods, two (2) delivery bonus fees, two (2) redelivery bonus fees, and reimbursable fuel (Navy Working Capital Funds).
4. Statutory Authority Permitting Other Than Full and Open Competition.
41 U.S.C. § 1901, as implemented by FAR 13.501 special documentation requirements.
5. Rationale Justifying Use of Cited Statutory Authority.
FAR 13.501 allows agencies to conduct sole-source acquisitions under simplified acquisition procedures. FAR 13.501 exempts agencies from the requirements of FAR Part 6 but must utilize the same J&A format as found in 6.303-2. In addition, agencies conducting sole-source acquisitions under FAR 13.501 must follow the same posting requirements as found in FAR 6.305.
The White House Memorandum directs an urgent need to detain high-risk immigrant criminals to halt the border invasion, dismantle criminal cartels, and restore national sovereignty. MSC was tasked with this urgent charter requirement
. As the period of performance is to commence on or around , time does not permit soliciting offers from additional sources in a timely Procurement Action Lead Time (PALT). Therefore, not conducting this unusual and compelling urgent sole-source acquisition in favor of a competitive procurement would delay the mission and result in serious injury to the Government.
6. Justification to Not Solicit Offers from Additional Sources.
MSC was tasked with the urgent requirement on
As the period of performance is to commence on or around , time does not permit soliciting offers from additional sources in a timely Procurement Action
Lead Time (PALT). As stated above, not conducting this unusual and compelling urgent sole-source acquisition would delay the mission and result in serious injury to the Government.
7. Determination of Fair and Reasonable Cost.
8. Actions to Remove Barriers to Future Competition.
The Government has competed actions for open ocean towing requirements in the past and received proposals from multiple vendors capable of satisfying the requirement. Due to the urgent nature of this requirement, time does not permit full-and-open competition. To the maximum extent practicable, MSC intends to continue to solicit and competitively award future charter requirements on a full-and-open basis, in the appropriate PALT time required to complete the actions.
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