JA N10324C4021P00017 Revised_Redacted.pdf

J&A N10324C4021P00017 (Revised)

JUSTIFICATION AND APPROVAL (J&A) FOR USE OF OTHER THAN

FULL AND OPEN COMPETITION

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 N3220524C4021 to add a harbor tug under the contract to assist with completing a tow mission at NPTU in Charleston, SC outside of the contract’s defined geographical region of Norfolk, VA and surrounding navigable waters.

3. Description of the Supplies/Services.

a. Military Sealift Command requires the services of two (2) fully-crewed U.S. Flag submarine-fendered tugs necessary to provide undocking and river transit support for movement (MTS) 626 from to . The mission is anticipated to take place around the week of 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 on Contract (including travel): 5 – 9 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.

Unlike standard commercial tugs, these specialized vessels feature non-marking rubber fendering below the waterline specifically designed to protect submarines from hull damage.

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 is strictly limited to meeting 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. The Paul T. Moran is the only known commercially available source known to the Government through market research.

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 one responsible source (Moran Towing Corp.), using Paul T. Moran, was capable to meet this requirement. While two other offerors expressed interest, one did not did not propose an actual vessel, and the other, despite multiple attempts by the Government to reach out, did not provide additional documentation proving the proposed vessel's capabilities. Since MSC has an existing contract for the charter of harbor tug services with Moran Towing Company, the Contracting Officer determined that issuing a modification to this contract (instead of executing a standalone contract) to add another vessel for this 5-day mission is the most efficient and quickest method of meeting this chartering requirement since it is the only responsible source not currently already under contract with Military Sealift Command.

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 Date Procuring Contracting Officer

11. LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.