TAGOS BRIDGE 2 JA FINAL_Redacted.pdf

J&A No. N6238715C2505 P00145

The period of performance (PoP) will consist of on ten month base period. This proposed ten month bridge contract is intended to cover the time needed to award a follow-on contract and conduct an adequate turnover. See Section 5 below for more information.

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

This justification is prepared under the provisions of 10 U.S.C. § 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii) (Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements).

FAR 6.302-1(a)(2)(iii) states:

For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.

2304(d)(1)(B).)

5. Rationale Justifying Use of Cited Statutory Authority.

Contract N6238715C2505 is currently operating under a six-month bridge with two, six-month option periods in accordance with FAR 6.302-1, Only One Responsible Source.

The second (final) option period will expire on 31 January 2022.

The T-AGOS and one T-AGM vessels that are operated under this contract are currently performing missions for Commander Seventh Fleet.

MSC must award a bridge contract to ensure the continuity of service necessary for the critical national security missions.

In accordance with FAR 6.302-1, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- 1) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or 2) Unacceptable delays in fulfilling the agency’s requirements.

Here, a sole-source bridge contract to CGS is the only way to avoid unacceptable delays and duplication of costs.

MSC has ascertained through previous procurements that multi-ship fleets performing such specialized missions will likely have longer transition phases. While other contractors may have general ship operating experience, they do not have the ability to meet the transition functions and phase-in requirements for this contract within the necessary timeframe. These requirements were developed, with input from industry, to ensure a smooth transition from one ship operator to another, minimize operational risk, and maximize safety and security of the vessel and its crew. The transition and phase-in requirements for the incoming contractor include, but are not limited to: recruitment of key shipboard personnel with TOP SECRET security clearances, accomplishment of MSC-required crew training, recruitment of specially qualified key shore side personnel, participation in ship inventories 30 days prior to turnover, and crew familiarization beginning 14 days prior to the departure of the incumbent Contractor’s crew. There is not sufficient time in the schedule to duplicate this effort with an interim contract.

In addition, the current T-AGOS contract requires the prime contractor to have an active TOP SECRET facilities clearance. This requirement is in place due to operational requirements of the sponsor. CGS is the only operating company with an active TOP SECRET facilities clearance. Thus, an interim award to any source other than the incumbent would not be possible and would compromise the mission.

Moreover, the global COVID pandemic has disrupted MSCs ability to provide certain training to its contract mariners. This has significantly added to the lead-time required to get a vessel underway with properly trained contracted mariners, and could result in unacceptable delays in filling the agency’s requirements.

Furthermore, award to any other source would result in a substantial duplication of costs that are not expected to be recovered through competition. The COVID-19 global pandemic has presented continued and new unanticipated challenges to overcome regarding the operations and maintenance of the T-AGOS fleet. A critical aspect in turning over a vessel is the crew swap. MSC’s current guidelines requires a 14-day Restriction of Movement (ROM) maximum for unvaccinated mariners, this period may be less for unvaccinated mariners to ensure a ship’s crew remain free of the coronavirus, and some areas of operations require up to 21 days.

Therefore, the ROM costs associated with turning over a vessel now represent a significant duplication of costs that are avoidable by awarding to the incumbent.

MSC has finalized and released a highly refined and updated solicitation package that will provide a more accurate representation of the Government’s requirements than the current contract and which allows for more precise proposals and pricing from a wide range of competitors other than the incumbent. The evaluation and award selection determination for this procurement package has taken a significantly higher level of effort and time that initially anticipated for a comprehensive selection while also mitigating any risks to an award selection protest, which has resulted in the need for a second bridge contract.

Based on all of the above, CGS is the only source that can perform the mission without unacceptable delays in fulfilling the agency’s requirements or substantial duplication of costs. Awarding a contract to another company to provide these services during this interim period and the award of the follow-on contract is not feasible. The time needed to synopsize, issue the solicitation, receive and evaluate proposals, and make award far exceeds what is available; and as discussed above, any attempt to pursue that course of action would result in unacceptable delays, compromising the mission. MSC would also incur a substantial duplication of costs due to crew familiarization, ship turnover, and ROM costs if an interim award is made to anyone other than the incumbent. Most importantly, CGS is the only operating company with an active TOP SECRET facilities clearance, which is required by the contract.

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

For the reasons outlined in Section 5, CGS is the only source capable of providing the required service without unacceptable delays in fulfilling the Government’s requirements for this extension period. MSC has developed a follow-on procurement to allow for increased competition.

7. Determination of Fair and Reasonable Cost.

Pursuant to FAR 15.404-1(b)(2)(i),(ii), the anticipated cost of the proposed bridge contract is fair and reasonable based on a comparison to proposed prices received to historical prices paid and in responses to the competitively awarded solicitation that is currently being evaluated. CGS’s proposed bridge rates are consistent with the rates received in response to the current competitive solicitation and those under the current bridge contract ending 31 January 2021.

8. Actions to Remove Barriers to Future Competition.

In an effort to increase fairness in future competition(s), MSC has spent considerable time refining its solicitation package and requirements for the upcoming planned follow-on procurement. Outdated vague language and changing operational requirements created a situation where there was an unfair competitive advantage to the incumbent that would result in decreased competition overall or have created the appearance of a de facto sole source procurement. MSC communicated with industry during this period to get industry feedback. As a result, MSC has finalized a highly refined and updated solicitation package that should provide a more accurate representation of the Government’s requirements and allow for more precise proposals and pricing from competitors other than the incumbent. This will remove barriers to future competition and actually increase competition in the future.