Redacted JA MSC Worldwide Paint Bridge.pdf

J&A No. N10224D0035

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 Justification and Approval (J&A) is to authorize, based on an unusual and compelling urgency, the award of a bridge contract with a twelve-month ordering period to PPG Architectural Finishes, Inc, to procure the MSC Fleet-wide Paint Program’s continuing requirements for paints, coatings, solvents, preservation products, and engineering/ technical services between June 14, 2024, and June 13, 2025.

3. Description of Supplies/Services:

For many years, the MSC Fleet-wide Paint Program has had a continuing requirement for paints, coatings, solvents, preservation products, and engineering/technical services on a worldwide basis in support of MSC’s Engineering Division (N7), for MSC ships and GOGO (Government Owned Government Operated) or GOCO (Government Owned Contractor Operated) ships designated by MSC. Since June 14, 2019, these mission critical requirements have been fulfilled by PPG Architectural Finishes, Inc, under Contract N3220519D7002.

The current contract requires the incumbent contractor to provide specific products and services and to ensure the availability and delivery of such products and services on a worldwide basis within specific time constraints defined for each main port or geographic zone. The ordering period under the current Contract expires on June 13, 2024. The contemplated bridge contract is required to ensure that the MSC Fleet- wide Paint Program’s mission critical requirements are fulfilled in the timeframe between the date that current contract’s ordering period expires (June 13, 2024) and the date that task orders can be issued under the competitively awarded follow-on contract (no later than June 14, 2025).The total estimated value of this requirement is and will be funded at the task order level using FY24 Navy Working Capital Funds (NWCF).

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

10 U.S.C. 3204(a)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2.

5. Rationale Justifying Use of Cited Authority:

The above cited statutory authority permitting other than full and open competition applies to the contemplated bridge contract action because incumbent contractor is the only responsible source capable of fulfilling the Government’s needs within the required timeframe. Under Contract N3220519D7002, the incumbent contractor has been fulfilling the MSC Fleet-wide Paint Program’s continuous needs for paints, coatings, solvents, preservation products, and engineering/technical services since June 14, 2019. The incumbent contractor has provided paints and associated services for decades under commodity contracts that provide required coatings and solvents. The current iteration of that contract will expire on 13 June 2024. In order to mitigate the risk of a lapse in supply or schedule, which in turn would cause an unacceptable delay in fulfilling MSC’s mission, a sole source “bridge” contract is required to allow MSC adequate time to execute the longer-term follow-on contract action. The award of the follow-on contract action will exceed on year from the requirement generation to contract award with an anticipated award date of 14 June 2025.

The Government requires a bridge contract due to significant and unexpected delays experienced by the Government in finalizing the follow-on requirement’s statement of work, solicitation approach, and evaluation criteria for the re-compete procurement. MSC vessels under this contract perform missions that is critical to worldwide operations. MSC requires the need to deliver paint, coatings, solvents, and preservation products on a worldwide basis for the foreseeable future, therefore the U.S. Government cannot afford a break in supplies and services; nor can the void created be met, filled, or substituted with any other contractor that is not the incumbent.

Due to the nature of mission support and potential injury of personnel, MSC must award a bridge contract to ensure the continuity of products and service necessary to prevent mission failure.

If those supplies and services are not provided in a competent, rapid, and timely manner, ships will become unavailable for tasking, which in turn will cause mission failure. Mission failure is a serious injury to the Government. The incumbent Contractor has the corporate knowledge and adequate personnel strategically placed throughout the world to ensure continuity of the required logistical support and is the only contractor who can competently provide the products and services in the time required by the Government to prevent mission failure.

Additionally, the incumbent contractor has access to the Government infrastructure required to perform the required logistical operations worldwide.

Given the current circumstances, insufficient time exists to re-compete and award a new contract in sufficient time to allow for the required phase in period to allow a new contractor to transition, obtain the required security clearances for a new contractor and hire or transfer personnel in order to fulfill the required services. The inability to perform those functions would cause a lapse in services which in turn, would cause an unacceptable delay in securing vital paint, solvents and perseveration products for both MSC’s and the Navy’s fleets, and the lack of paint supplies will cause a failure to fulfill mission requirements, and reduce the life of the vessel or worse. Therefore, a bridge contract is required. The critical natural of the products and services being delivered within specific time constraints along with the ever-changing mission requirements ensure the safety and security of U.S. personnel and government vessels at sea, as well as homeland.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: This bridge contract covered by this Justification and Approval (J&A) is the result of insufficient time to award the re-compete of an existing contract prior to its expiration, due to multiple unforeseen revisions to the requirement and acquisition approach. Executing a stand-alone, sole source requirement for this bridge contract will ensure the Government does not incur unacceptable delays in executing its mission.

MSC must award a bridge contract to ensure the continuity of products and services necessary for the critical worldwide missions and the safety of personnel onboard MSC vessels. This J&A is solely in support of a short-term bridge duration consisting of twelve (12) months, which is required to prevent a lapse in mission critical services, which in turn cause an unacceptable delay in fulfilling MSC’s mission. Efforts were not made to solicit offers from multiple sources for this action due to the limited timeframe to get a bridge awarded, and the amount of time to transition to a new contractor. However, the follow-on requirement will be available for competition as a result of the additional time afforded by this bridge action. Solicitation N3220524R4093 will be made available through SAM.gov.

7. Determination of Fair and Reasonable Cost:

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition:

This J&A is solely in support of a short-term bridge action. It is anticipated that future requirements will be awarded on a competitive basis.