B9 Sole Source Memo_Redacted.pdf

J&A No. N10423Q2264

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 sole source basis to

Allied Systems Inc. for the Refurbishment of the Starboard SOLAS RHIB Boat Davit for the USNS Comfort (T-AH 20) under Request for Quotation (RFQ) N3220523Q2264.

3. Description of Supply Services: MSC requires Original Equipment Manufacturer (OEM) Technical

Service and Parts to Refurbish the Starboard SOLAS RHIB Boat Davit onboard the USNS Comfort (T-AH 20). The estimated combined dollar value is that will be funded utilizing fiscal year 2023 Navy working capital funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1)

Only One Responsible Source or Limited Number of Responsible Sources and no other type of property or service will satisfy the needs of the agency.

5. Rationale Justifying Use of Cited Authority: The RHIB Boat Davits on the T-AH class are

SOLAS Approved. In order to maintain the SOLAS Certification all repairs are required to be accomplish by the OEM.

Safety Management System (SMS) Procedure 10.6-002-ALL list the SOLAS RHIB Davit as Critical Equipment. COMSCINST4490.1B requires work accomplished on this equipment be done by the

OEM.

MSC does not own the proprietary technical data rights to this equipment onboard the AS-39 Class Vessels. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The sources sought for the proposed purchase order was posted on the SAM.gov website on November 01, 2022, and closed November 16, 2022. The sources sought was posted because the procurement is over $250,000 and we needed to ensure there were no other OEM type certified vendors. We received one response to the sources sought from Cardiff USA LLC; however, engineering stated Cardiff was not OEM qualified and has not gone through the vetting process to become qualified. It was determined that the work must be completed by the OEM (Allied Systems) in order to maintain the SOLAS Certification.

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 sole source 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 the lowest price technically acceptable quoter.

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).