A T Controls Inc. JA Redacted.pdf

J&A No. N10424Q0028

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of the Action Being Approved: Award of a purchase order on a brand name basis for high performance butterfly valves for use on Expeditionary Fast Transport class vessels under Request for Quotation

(RFQ) N3220524Q0028.

3. Description of Supply Services: MSC requires Original Equipment Manufacturer (OEM) A-T Controls, Inc.

replacement high performance butterfly valves onboard the Expeditionary Fast Transport class vessels. The estimated combined dollar value is $XXXX.XX that will be funded utilizing fiscal year 2024 Navy Working Capital Funds. These funds expire on September 30, 2024.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 3204(a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Authority: A-T Controls is the OEM of the original fire rated valves for the sea suction system. The Expeditionary Fast Transport class requires purchase of new valves to replace existing valves at the end of their service life. The fire rating of the valves is required by ABS regulatory rules for any valve serving fire pump suctions. The sea suction system supports safe, reliable and effective operations of the main engines, ship-service diesel generators, and the fire main system. A-T Controls owns the proprietary technical data and has the expertise to identify and provide direct replacement parts, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Deficient parts could cause system failure and loss of use of the main engines, ship-service diesel generators, and the fire main system.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: MSC perpetually seeks submissions from non-OEM contractors for consideration of qualification of their parts and/or services as an acceptable alternative to the OEM at https://www.msc.usff.navy.mil/Business- Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard- Safety-on-MSC-Vessels/ . The Government intends to post a brand-name combined synopsis and solicitation notice, along with this justification, at the Government Point of Entry with the intent of awarding a firm-fixed-price purchase order to an authorized distributor of A-T Controls for these parts. A-T Controls is the only known OEM and manufacturer for these parts.

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 IAW FAR 13.106-3(a).

8. Actions to Removed Barriers to Future Competition: For reasons set forth in paragraph 5, MSC has no plans at this time to allow for non-OEM suppliers in future contracts or purchase orders for the types of supplies covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.

https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-%20Safety-on-MSC-Vessels/ https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-%20Safety-on-MSC-Vessels/