REDACTED__J-A_for_Sole_Source.docx

J&A No.: N102-19-R-7003

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).

2. Nature of the Action: This action will result in the award of a contract to Herbert-ABS Software Solutions, LLC. on an other than full and open competition. This contract will provide engineering services to maintain data files and documentation for onboard stability management, and salvage support of the MSC fleet. This will be an indefinite-delivery, indefinite quantity type contract with firm-fixed price task orders/delivery orders. Award will be made on a sole source basis.

3. Description of Supplies/Services: Stability Management software is required by USCG and ABS for most ships, and changes to a ships configuration or use require revisions to the ship specific software datafile and Trim and Stability booklet. The datafiles and booklets are reviewed and approved by ABS for shipboard use.

CargoMaxTM is the MSC standard Stability and Load Management Software, and POSSE (Program of Ship Salvage Engineering) is the software used by Navy to support salvage operations. This contract is for the engineering services required to keep ship specific data files used by CargoMaxTM and POSSE software current with configuration changes made to MSC ships. It includes other stability related analysis and documentation required as input into the data files and required by USCG and ABS. Primary deliverables are ABS approved CargoMaxTM datafiles and Trim and Stability Booklets.

The contactor will provide engineering services for all MSC ships. The estimated value for this five year contract is $2,460,180. It is anticipated that each task and/or delivery order will be funded utilizing corresponding Fiscal Year (FY) United States Navy Working Capital Funds (NWCF) and/or Transportation Working Capital Funds (TWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304(c)(1) as prescribed by FAR 6.302-l(c), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

5. Rationale Supporting Use of the Authority: CargoMaxTM is an American Bureau of Shipping (ABS) recognized standard and only available through Herbert-ABS Software Solutions, LLC. It is installed on every ship in MSCs fleet, and has been approved by SPAWAR for shipboard networks. Software licenses and maintenance are covered under an N6 contract. There is no other stability management software available that meets these requirements.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: In accordance with FAR 5.201(b)(1)(i), the Government intends to issue a synopsis on FEDBIZOPPS for this requirement with the intent of awarding a firm-fixed price sole source contract.

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. Actions to Remove Barriers to Future Competition: Due to the proprietary nature of the CargoMaxTM Software and Herbert-ABS being the only source, it is unlikely that there will be future competitors. Periodic requests for sources sought through FEDBIZOPPS will be issued to determine if new entrants to the market are available to compete on follow on requirements.