FUEL OIL TESTING BRIDGE JA - Redacted docx.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) Ship Support and

Services Division (N102).

2. Description of the Action Being Approved: This is a justification requesting approval for a bridge action inclusive of a three (3)-month base period of performance and one (1) twelve (12)-month option period, if exercised, for fuel oil testing and analysis services.

3. Description of Supplies/Services: MSC requires testing and analysis of distillate and residual fuel oil samples, short term retention of samples quality assurance of test results, and related data management and transfer of samples. The Contractor shall provide fuel oil testing and analysis for MSC ships, and any other Government ships specifically identified by MSC, during the term of this bridge action.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1), Only

One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a)(2)(iii)(B).

5. Rationale Justifying Use of Cited Authority: The incumbent contractor is currently performing fuel oil testing and analysis services in support of MSC under Contract N3220517P2042. The specific requirement includes Test Slates, Distillate Fuel Oil Testing, Residual Oil Testing, Long Term Storage Stability, Sample Retention, Retest, Investigative Testing, Daily Electronic Data Transfer and Analysis, and Maintenance of a Shore-Side Database. The period of performance completion date is 30 Sep 2023.

In order to mitigate the risk of a lapse in mission-critical support services covered by the aforementioned tasks, a bridge contract action is required to allow the Government adequate time to execute the follow-on contract action. The Government anticipates the award of the follow-on contract action to exceed one year from requirement generation to contract award. The incumbent Contractor has the corporate knowledge, and adequate personnel strategically placed throughout the world to ensure continuity of the required fuel oil testing and analysis services. Additionally, it has access to the Government infrastructure required to perform the required services. There is insufficient time to execute the follow-on contract action prior to the completion of the current period of performance. Should these mission-critical services lapse, the MSC Government Owned/Government Operated (GOGO)/Government Owned/Contractor Operated (GOCO) fleet, sustainment of Navy/coalition forces, and centralized shipboard support services would be severely impacted.

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

Government intends to post a Notice of Intent to Sole Source and this Justification and Approval (J&A) at the Government Point of Entry, https://sam.gov/, to notify Industry that these services will continue as a Sole-Source effort, and that the Government will actively compete the follow-on effort once the Sole- Source contract is in place.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this J&A to be fair and reasonable in accordance with FAR Part 13.5.

8. Market Research: This requirement is for the acquisition of commercial services. The required services under this Performance Work Statement (PWS) are similar in nature to services regularly provided in the commercial marketplace (e.g., fuel oil testing and analysis). Internet research at https://www.google.com/search?nfpr=1&q=Fuel+oil+testing+service+providers &spell=1&sa=X&ved=2ahUKEwikyovvt6_3AhWzFjQIHTufCYwQBSgAegQIARAy&biw=1745&bih=8 52&dpr=1.1 revealed numerous sources capable of providing these types of services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. Additionally, the incumbent Contractor is currently performing these commercial services in support of MSC under Contract N3220517P2042. The period of performance completion date for this service is 26 Jun 2022. The incumbent Contractor has performed these commercial fuel oil testing services in support of MSC for the past four (4) years. Without this Sole- Source contract action, the risk of mission failure increases significantly.

9. A Listing of the Sources, if any that expressed, in writing, an interest in the Acquisition: No sources have expressed an interest in writing.

10. Actions to Remove Barriers to Future Competition: The follow-on procurement package has been developed. The follow-on services have been approved as a consolidated effort for “Fluids Analysis” services that will be solicited as a small business set-aside. The anticipated award date of the follow-on competitive contract action is 12 Aug 2023.