6_mo_JA_Redacted.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Military Sealift Command (MSC).

2. Description of the Action Being Approved: Sole source award to Drew Marine USA, Inc.

for 6-month base period. The total estimated value of this requirement is $4,812,696.70. This interim contract is being issued in anticipation of the award of the five-year effort to be solicited within the base period of this contract. Requirements for this contract will be funded at the Delivery Order level utilizing FY 17 and FY 18 Navy Working Capital Funds.

This action also incorporates the requirement for the following brand name fire-fighting foams under the contract:

National Foam Universal CG-6% AR-AFFF (United States Coast Guard (USCG) Approved) National Foam Universal Gold 1%/3% AR-AFFF (USCG Approved) National Aer-O-Foam 3% Protein (USCG Approved) National AER-O-Foam XL-3 Fluoroprotein (USCG Approved) Ansul Ansulite 3x3 Low Viscosity AR-AFFF (USCG Approved) Ansul Jet-X 2 ¾% AFFF (USCG Approved)

The estimated dollar value of the brand name fire-fighting foams over the contract is $739,153.43. This amount is included in the aforementioned total estimated value of this requirement is $4,812,696.70.

3. Description of Supplies/Services: The Contract will provide supplies and services for shipboard chemical treatment, foam testing, foam supply, and foam disposal, industrial gases, and refrigerants; their delivery; and engineering support services (e.g. service calls, training, laboratory analysis), technical evaluation, and troubleshooting services on a worldwide basis.

The Contractor will provide products and services, on a worldwide basis, for MSC ships and any other Government owned or Government chartered ships designated by MSC.

4. Statutory Authority Permitting Other Than Full and Open Competition:

a. This contract will be issued on the basis of other than full and open competition, under the statutory authority of 10 U.S.C. 2304(c)(2) as prescribed by FAR 6.302-2, “Unusual and compelling urgency.”

b. The authority for the brand name fire-fighting foams listed above is 10 U.S.C.

2304(c)(1) as prescribed by FAR 6.302-1(c), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

J&A No. N102B-17-D-1007

5. Rationale Justifying Use of Cited Statutory Authority: The requested action will allow for the provision of vital supplies and services. This contract requires that the contractor provide chemicals that meet all performance characteristics for each vital shipboard system, meet lead times, be available at specified ports, provide the proper chemical test equipment, train the crews on how to use and store the chemicals, and review the ship’s chemical treatment logs to ensure the ships are properly following the program. There are three primary reasons that this contracting action is necessary: 1) the chemicals and services provided under this contract supply the most vital systems onboard MSC vessels, which cannot sail without them; 2) the logistics function provided under this contract cannot be replaced within the time constraints; and 3) the government is not properly resourced to assume the duties necessary to bridge a gap in this contract.

a. Criticality of Chemicals and Services. Supplies on this contract service critical shipboard systems, and their absence would quickly render our ships inoperable. Specific items, like firefighting foam, potable water treatments and refrigerant, would be immediate no-sail discrepancies due to the compromise of safety. Other items such as jacket water treatment, select test equipment, water deionizers and raw water treatments would lead to long term catastrophic and costly equipment failures.

Further, the chemicals must all be purchased from one vendor. The chemical compositions of products vary by supplier, and are, therefore, not always compatible. Mixing brands could negatively impact the reliability of the chemicals or cause an adverse reaction which could damage shipboard systems or cause harm to crew members.

b. Unable to Replace Logistics Function. The ordering process and turnaround times provided under this contract are well established for MSC ships and fleet customers. MSC Ashore and Afloat communities are familiar with the chemicals and services provided by this contract as well as the ports of availability and the best places and times to place orders. A disruption of the ordering process at this time will cause delays in the fulfillment of requirements. The current contract is an IDIQ allowing for an expedited ordering process at the delivery order level under this single award contract.

c. Lack of Government Resources. All items on this contract can be procured from alternative sources; however, there are several reasons that the alternate sources available would be unacceptably insufficient. Ninety-six percent of the items available for order on the chemical contract are not available in the National Stock System.

The award of individual contracts/purchase orders under Simplified Acquisition Procedures for each requirement, as the need arises, would be administratively burdensome and is an effective impossibility in practice due to the volume of requirements and lead time. MSC’s contracting office is capable of procuring these items, but is unable to accommodate this volume of orders via individual purchase orders issued under the Simplified Acquisition Procedures.

The centralized management of chemical commodity requirements cannot be replaced in the short term. This contract includes a 120-day phase-in/phase-out period for contract turnover due to the complexity of the requirement.

d. Rationale for use of 10 U.S.C. 2304(c)(1): These brand foams are the only ones authorized by the United States Coast Guard to be used aboard MSC fleet vessels.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: The action supported by this justification will be synopsized on the Federal Business Opportunities website; however, due to the criticality of services required and the urgency described above, a sole-source will be solicited for this effort, with a follow-on full competition initiated during execution to obtain a longer term, competitive solution.

The fire-fighting foam products listed in this justification are the only ones approved for the systems onboard MSC vessels, however, they may be available through a number of sources such as resellers or distributors. Vendors may subscribe to the interested parties list on FBO to express interest in partnering for the requirements.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the contract prices to be fair and reasonable using price analysis techniques described in FAR 15.404-1(b)(2).

8. Description of Market Research Conducted: Three sources sought notices have been issued for this requirement; one in January 2016 that produced no results, one in February 2016 that received 4 responses, and a third in December 2016 that received 3 responses (2 from previous respondents).

9. List of Sources that Expressed Interest in Writing: In addition to the market survey respondents, Spartan Chemical also expressed interested in this requirement.

10. Actions to Remove Barriers to Future Competition: The previous contract for this requirement was issued under full and open competition. In the future this requirement will be solicited as a separate contract under full and open competition. For the reasons stated above, there are no actions planned to remove or overcome the brand name requirement.

CERTIFICATIONS AND APPROVAL:

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its support acquisition planning documents, are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL REVIEW

I certify that this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

By signature on this Justification, I, as Contracting Officer, certify that the justification is accurate and complete to the best of the my knowledge and belief.

Signature Name (Printed) Phone No. Date

APPROVAL BY COMPETITION ADVOCATE (FAR 6.304 (a)(2)) Upon the basis of the above Justification, I hereby approve, as Contracting Officer, the sole source award of Contract N32205-17-D-1007 to Drew Marine USA, Inc. using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(2).

Name (Printed) Phone No. Date