JA 18D3600 Increase Hrs 122319.pdf

J&A No. N32205-18-3600 P00008

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity.

Military Sealift Command

2. Description of the Action Being Approved.

Obtain approval for the modification, and subsequent award of a task order to be issued against contract N32205-18-D-3600 Seal Beach Call Out Tugs, for Option Period One for additional service hours, hourly rate hours, and overtime hours per FAR 13.501 and in accordance with 41 U.S.C.

1901(a)(2). This modification may be outside the scope of the original contract because of the increase in service, hourly, and overtime hours. A modification outside the scope requires full competition. This is a FAR

13.5 procurement and, therefore, it is exempt from Part 6 but still requires a written justification.

The rates proposed under this modification are the same rates as those in the base period. The rates were evaluated at the time of award and found to be fair and reasonable.

3. Description of Supplies/Services.

The purpose of this modification, and subsequent task order, is to provide 100 additional service hours at $1,800.00 per hour for a CLIN total of $180,000.00; 40 additional hourly rate hours at $900.00 per hour for a CLIN total of $36,000.00; and 30 additional overtime hours at $1,800.00 per hour for a CLIN total of $54,000.00. The total cost of the subsequent task order shall be $270,000.00 with the period of performance beginning on 23 December 2019, and continuing through 30 September 2020.

The initial estimate of hours did not indicate an accurate amount of service, hourly, and overtime hours needed to meet this contract’s mission. As a result, continuous requests were being made to add hours throughout the Option Period. Port Operations, along with the Contracting Officer Representative (COR), for this contract provided an initial estimate of hours prior to the start of the Option Period; however, the provided estimate contained an inadequate amount of hours, thus, causing them to have to continue requesting more hour increases. Initially, when the estimate of hours was submitted, 140 service hours, 80 hourly rate hours, and 10 overtime hours were the anticipated need; however, these hours have been met within just the first two months of the Option Period. As such, increasing the hours, as mentioned above, to meet the burn rate will ensure there are enough hours for the remainder of the Option Period.

Re-competing the contract will likely result in no additional responses (outside the incumbent) to the Market Survey and/or to the Request for Proposals (RFP). Historically, the only response received from past Market Surveys and RFPs for this work has been from the incumbent.

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

This justification is prepared under the provisions of 41 U.S.C. 1901 (a)(2), as implemented by FAR 13.501 (Only one responsible source and no other supplies or services will satisfy agency requirements).

5. Rationale Justifying Use of Cited Statutory Authority.

As aforementioned, the incumbent Contractor is the only respondent to past Market Surveys and RFPs that have been recently submitted. When the Market Survey for the current Option Period was submitted, no responses were received. Although the additional hours may attract additional competition, the modification is required so that the incumbent may continue to complete the work. Furthermore, the incumbent is currently successfully completing the work, and if the work on the contract were to stop without the additional hours and funding, the three-month amount of time it would take to re-compete the contract would delay the mission.

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

This modification is to increase the hours for Option Period One. If the contract should need re-competing, without an increase in hours, there may be a lapse in service. Therefore, it is in the Government’s best interest to increase the hours for this Option Period so that the mission continues to be met throughout the remainder of the Option. Once Option Period One has ended, a Market Survey will be issued with a more accurate amount of service, hourly, and overtime hours needed for the next period. Because, historically, the incumbent is the only company anticipated to respond to the Market Survey, there is a possibility that once Option Period One is completed, re-competing the contract may not be necessary.

7. Determination of Fair and Reasonable Cost.

I, the Contracting Officer signed below, have determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) comparison to prices found reasonable on previous purchases and FAR 13.106-3(a)(2)(iii) current price lists, catalogs, or advertisements. As stated in section 2 of this J&A document, the additional added hours will be at the same rate as the original contract. Additionally, as the Contracting Officer, I found the current period rates to be fair and reasonable when the contract was awarded.

8. Actions to Remove Barriers to Future Competition.

The services under this contract were awarded using full and open competition in September 2018. If the Government chooses to exercise Option Period Two, a Market Survey will be issued with the change in service, hourly, and overtime hours to industry.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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

Technical/Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. As such, upon the basis of the following justification, I, hereby approve, as Competition Advocate, Military Sealift Command, the contract action described herein for additional overtime hours per FAR

13.501 and in accordance with 41 U.S.C. 1901(a)(2).

(757)341-6824 1/07/2020