ATTACHMENT III - JUSTIFICATION AND APPROVAL_REDACTED.pdf

Source Selection Information-See FAR 2.101 and 3.104

CUI: PROCURE, SSEL

MSC QMS N0750-100.00-AQ Revision 2.1 identify these systems as ship critical safety items. According to the QMS, ship critical safety items are defined as any ship part, mission system, equipment, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in loss of or serious damage to the ship; or unacceptable risk of personal injury or loss of life. These systems must be repaired/maintained in accordance with regulatory body requirements, MSC Policy, and OEM recommendations.

To comply with regulatory body requirements, MSC policy, and OEM recommendations, MSC must contract with RRMNA or KMI because at this time, RRMNA and KMI are the only companies able to provide the necessary proprietary technical data/drawings for these systems/parts as required by United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations and are the only companies that have the capability to provide manufactured parts to maintain these systems.

All OEM repair parts must comply with USCG, ABS, and International Maritime Organization (IMO) regulatory requirements. At this time, MSC does not have manufacturing and technical information for these systems/items required to evaluate and determine whether non-OEM systems/items potentially offered as equivalent to the OEM components and replacement parts are technically acceptable. These systems/items require special tools, specialized repair parts and technical expertise unique to these systems. Only approved OEM parts are authorized to be installed for these highly sophisticated systems unless other non- OEM parts/components are recommended by the OEM, who are technical experts for these systems. RRMNA and KMI are the OEM parts providers and service technicians who have access to provide parts and technical data/drawings for manufacture, and to properly repair and maintain the equipment, to the exclusion of all others.

In sum, the engineering, technical characteristics, construction drawings, manufacturing procedures, tolerances, and installation procedures for the systems/items manufactured parts are proprietary to RRMNA and KMI. To date RRMNA and KMI do not share proprietary data or authorize outside vendors/manufactures – making them the only known sources to provide the required supplies. It is proper to award to only RRMNA or KMI, in accordance with FAR § 6.302-1(a)(2)(iii)(A), because awarding to any other source would result in a substantial duplication of cost to the Government, which would not be recovered through competition.

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

A Sources Sought Notice (SSN) was posted on 12 December 2024 on System for Award Management (SAM.gov) that included a response date of 20 December 2024 to determine if there were other small and large businesses who had the capability of performing the requirements outlined within the sources sought. A draft PWS was also posted with the SSN in order to receive feedback from interested vendors. One capability statement was received in response to the SSN from interested vendor KMI. KMI was deemed capable of performing all the required services and providing the required supplies.

Source Selection Information-See FAR 2.101 and 3.104

CUI: PROCURE, SSEL

In accordance with FAR 13.105, a combined synopsis solicitation will be posted to SAM.gov for this requirement. MSC continues to conduct market research to maintain awareness of capabilities within the marketplace.

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:

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 or services covered by this document. MSC will continue to issue SSN’s for future similar requirements to ensure an active and competitive source selection remains ongoing. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.