7.09_J&A_Redaction_ContractOpps_N0010425PCA17.pdf

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J&A
Solicitation number
N0010425PCA17
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This is a Justification for Other Than Full and Open Competition (J&A) document from the Department of the Navy NAVSUP WSS in Mechanicsburg, PA for the acquisition of spares. The J&A cites 10 USC 2304(C)(1) as authority, indicating only one responsible source (Engine Systems, Inc.) can satisfy the requirement since they own the drawings and are the approved source of supply.

The document justifies sole source procurement based on the government not owning technical data rights and it being uneconomical to purchase the data or reverse engineer the parts. The items are critical shipboard systems components where substitutions are not authorized due to safety and performance requirements. The requirement was synopsized on October 4, 2022 with no industry responses received. The Cage Code is 16505 and multiple Purchase Document (PD) numbers are referenced. While specific pricing is redacted, the contracting officer determined costs will be fair and reasonable. There is no previous J&A history for this requirement. The document includes standard approval signatures from technical, contracts, legal and competition advocacy reviewers.

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4. Statutory Authority Permitting Other Than Full & Open Competition

5. Rationale Justifying Use of Cited Authority

6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable

7. Determination of Fair And Reasonable Cost

8. Actions to Remove Barriers to Future Competition

W25G1U, W62G2T

Line of Accounting

This J&A is based upon the authority of 10 USC 2304(C) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

A/RMC 3

Acquire, for the second or subsequent time, directly from the actual manufacturer.

A/RMSC R

The Government does not own the data or the rights to the data needed to purchase / contract repair of this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.

This acquisition will be solicited to

ENGINE SYSTEMS, INC. : , owns the drawings and is identified as the approved source of supply. There are no authorized substitutes of these items; as these are the only items known to meet testing, performance, and compatibility requirements within their higher assembly. These items have to be tested within the upper assembly and qualify within approved testing specifications, procedures, embedded coding procedures, design protocols, and internal QA requirements. ALL of these materials will be used in crucial shipboard systems. The use of incorrect, substitute or defective material would create a high probability of failure resulting in serious personnel injury, loss of life, loss of vital shipboard systems, or loss of the ship itself. Substitutions are not authorized.

15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement

The proposed contract action was synopsized on the government-wide point of entry on 10/04/2022 and as a result There were no responses from industry.

Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows

A technical review, which consisted of searching several Government databases including ITIMP, FLIS, NSEDR, and ERP, has been completed on this item.

Search criteria included Part Number, Design Control Activity, Cage Code, NSN, Nomenclature, AMC/AMSC, AAC, Criticality Coding, recorded approved sources of supply, historical sources of supply and past contracts. Based on this market research the contracting officer has determined that the only known manufacturing source is ENGINE SYSTEMS, If a company other than the one listed believes they have a compatible product, they can submit the item to the Engineering Program Office, to include research and development, drawings and test specifications. The program office will test and evaluate the item at the company's expense. Upon qualification, the approved company will be able to participate in future solicitations.

The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry. For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to

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