N105C18C3101 UCA JA_Redacted.pdf
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- Solicitation number
- N105C18C3101
About this file
This justification document provides a sole source award to TOTE for an Offshore Support Vessel charter to support the mission of the SBX-1 vessel. The contract is awarded under the FAR authority for unusual and compelling urgency, as the SBX-1 vessel requires immediate OSV support to avoid jeopardizing its mission accomplishment. The vessel currently supporting SBX-1 experienced a mechanical failure and alternatives from the operating company or other Military Sealift Command vessels were unsuccessful. There is insufficient time to conduct a new procurement to find a replacement vessel that can meet SBX-1's underway schedule. As TOTE is the only source capable of providing the required support without unacceptable delays, the justification approves limiting competition to this sole source for an indefinite delivery, indefinite quantity contract awarded by the Department of the Navy's Military Sealift Command.
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J&A N105C18C3101
4. Statutory Authority Permitting Other Than Full and Open Competition.
This justification is prepared under the provisions 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.
The vessel operated under this contract performs a mission that is critical This UCA requiring the urgent need to provide an Offshore Support Vessel (OSV) charter to support the SBX-1’s underway schedule must be awarded to prevent mission failure.
FAR 6.302-2(b) states: “(b) Application. This authority applies in those situations where - (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.” In accordance with FAR 6.302-2 the agency’s need for the service is of such an unusual and mpelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. Here, a UCA to TOTE is the only way to avoid mission failure
. While has been unable to support SBX-1 due to a mechanical failure, efforts to identify a suitable temporary replacement of through either the Operating Company (OPCO), or other vessels already on contract with Military Sealift Command (MSC) have been unsuccessful. There is insufficient time to execute a new procurement for a replacement vessel that would support SBX-1’s underway schedule. Failure to provide OSV support to SBX-1 immediately will jeopardize successful mission accomplishment. Therefore, upon review, MSC has determined that executing a UCA via DFARS 217.74 under FAR 6.302-2, Unusual and compelling urgency, is the only reasonable course of action.
Due to the emergent nature of this requirement, MSC’s Head of the Contracting Activity (HCA) provided N10 verbal authority via email on 04 April 2023.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.
For the reasons outlined in Section 5, TOTE is the only source capable of providing the required service without unacceptable delays in fulfilling the Government’s requirements.
7. Determination of Fair and Reasonable Cost.
Before award of the UCA, the Contracting Officer will determine the rates to be fair and reasonable at the time of award.
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