Redacted JA - MSC Worldwide Logistics Bridge - CACI.docx

J&A No. N10224C4020

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: The action is a Justification and Approval (J&A) to award a third bridge contract on an unusual and compelling urgency, sole source basis for Worldwide Logistics Support Services.

3. Description of Supplies/Services: MSC requires Worldwide Logistics Support Services in the functional areas of: Corrective Maintenance Logistics System (CMLS) support, Combat Logistics Force (CLF) Load Management, Material Handling Equipment (MHE) and Ordnance Handling Equipment (OHE). The total estimated dollar of the bridge contract is $XXXX and will be funded by FY24 Navy Working Capital Funds (NWCF) and Transportation Working Capital Funds (TWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 3204 (a)(2), Unusual and Compelling Urgency that the United States Would Be Seriously Injured, as implemented by FAR 6.302-2.

5. Rationale Justifying Use of Cited Authority: The above statutory authority permitting other than full and open competition applies to the subject contract action due to the fact that there has been a Competition in Contracting Act (CICA) protest filed with the Government Accountability Office (GAO) to challenge the award of the Worldwide Logistics Services recompete Contract N3220524C4140. Contract N3220524C4140 was awarded, after going through a full and open source selection competition, on 03 November 2023 with Phase In commencing on 06 November 2023 and performance commencing on 20 December 2023. The Contracting Officer received notification that a protest was filed on 27 November 2023, which prompted the legal requirement to issue a CICA stay on performance. The Contracting Officer issued a Notice of Stop Work upon contract performance for Contract N3220524C4140 on 28 November 2023. The incumbent contractor is the only responsible source that can meet MSC’s current needs for this portion of the re-competed Logistics requirement at this time without further notice because the company has the corporate knowledge and has the appropriate number of personnel strategically placed throughout the world to ensure continuity of the required Logistics Support Services to fulfill the Command’s continuing need for subject mission critical services beginning 20 Dec 2023. The portion of the re-competed Logistics requirement includes services fulfilled by Contract N3220522C4002; a separate contract fulfilled the other portion of the re-competed requirement. The Period of Performance (PoP) for the current bridge contract N3220522C4002 expires 19 Dec 2023.

The protest’s sudden arrival and ensuing required CICA stay leaves the Government with November 27 to December 19 to execute another competitive contract to fulfill the needs met by the Contract N3220524C4140, and that less- than-one-month timeline creates an unusual and compelling urgency to fill that need. Delaying in award of a contract or contracts to fill the void in services left by the stay of Contract N3220524C4140 would result in serious injury to the Government in the form of a lapse in mission-critical support services. Those services include ship life cycle logistics support, MHE/OHE support, CMLS support, CLF Load Management, and the other vital support that are critical to the MSC Government Owned/Government Operated (GOGO)/Government Owned/Contractor Operated (GOCO) fleet, sustainment of Navy/coalition forces, and centralized shipboard support services. A lapse in those services would result in mission failure.

In order to mitigate the risk of a lapse in mission-critical support services during the protest process, a third bridge contract action is required to prevent mission-critical services lapse, ship life cycle logistics support, MHE/OHE support, CMLS support, CLF Load Management, and the other vital support that are critical to 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 and could lead to mission failure. In addition, the three (3) month PoP, one (1) three (3) month option period and FAR 52.217-8 (6) six month option period will be required to allow MSC adequate time to execute another competitive follow-on contract action, if the protest is sustained. The incumbent Contractor has the corporate knowledge and adequate personnel strategically placed throughout the world to ensure continuity of the required logistics support services and is the only contractor who can competently provide those services in the time required by the Government to prevent mission failure. Additionally, the current contractor has access to the Government infrastructure required to perform the required logistic services worldwide. There is insufficient time to execute the follow-on contract action, conduct the required phase-in operation prior to the completion of the current period of performance and mobilize contractor support personnel worldwide.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: Contract N3220524C4140 was awarded, after going through a full and open source selection competition, on 03 November 2023 with Phase In commencing on 06 November 2023 and performance commencing on 20 December 2023. The Contracting Officer received notification that a protest was filed on 27 November 2023, which prompted the legal requirement to issue a CICA stay on performance. The Contracting Officer issued a Notice of Stop Work upon contract performance for Contract N3220524C4140 on 28 November 2023. The Government intends to post a notice for this J&A at the Government Point of Entry, SAM.gov website, to notify industry that Worldwide Logistics Services will continue as a sole source effort during this current time period.

7. Determination of Fair and Reasonable Cost: In accordance with FAR Part 15, the Contracting Officer will make, prior to executing the bridge contract, a determination that the costs of the supplies/services are fair and reasonable.

8. Actions to Remove Barriers to Future Competition: Contract N3220524C4140 was awarded, after going through a full and open source selection competition, on 03 November 2023 with Phase In commencing on 06 November 2023 and performance commencing on 20 December 2023. The Contracting Officer received notification that a protest was filed on 27 November 2023, which prompted the legal requirement to issue a CICA stay on performance. The Contracting Officer issued a Notice of Stop Work upon contract performance for Contract N3220524C4140 on 28 November 2023. This J&A is solely in support to prevent a lapse in mission critical services and any action taken due to a protest is tied to that previous competition.