FINAL JA USS CURTIS WILBUR SLAD Kit - Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY

Southwest Regional Maintenance Center (N55236), Contracting Department Code 410B, 3755 Brinser

Street, Suite #1, San Diego, CA 92136-5299.

2. DESCRIPTION OF THE ACTION BEING APPROVED:

This justification seeks approval to solicit a sole source requirement for direct replacement parts for the slewing arm davit (SLAD) (Part No. 56W4-S100) in support of the USS CURTIS WILBUR (DDG 54).

The parts are manufactured by Lake Shore Systems, Inc., 2142 Woodward Avenue, Kingsford, MI 49802-

4206.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The Southwest Regional Maintenance Center (SWRMC) requires direct replacement parts for the USS

CURTIS WILBUR’s SLAD kit which is a highly specialized system. The USS CURTIS WILBUR will be undergoing a repair and maintenance in FY-22 Dry-docking Selected Restricted Availability (DSRA). The required delivery date of the direct replacement parts of the SLAD is December 10, 2021.

The original equipment manufacturer (OEM) is Lake Shore Systems, Inc. Lake Shore Systems holds the proprietary rights, patents, and copyrights to all materials, drawings, and equipment associated with these materials and is the only source for these parts and components.

The only company’s materials that can meet the critical requirements set forth above and is compatible with the existing equipment is Lake Shore Systems, Inc. The materials being procured are to support the

SLAD of the ship; therefore, it is crucial that the OEM provide the materials to ensure it works at full capacity. The class DDG parts are strictly designed, manufactured and installed per NAVSEA DWG and

NAVSEA Tech Manuals (TM) for the package of work items and specifications for the repair of the USS

CURTIS WILBUR. The following NAVSEA Tech Manuals require the use of Lake Shore Systems parts for the repair and maintenance of the SLAD for the USS CURTIS WILBUR:

S9583-A5-MMA-010 Rev 7

The specific replacement parts must be compatible in all aspects (form, fit, and function) with the existing equipment presently installed; therefore, the parts must be procured directly from Lake Shore Systems, Inc.

The parts will be installed as overhaul components of the SLAD during the upcoming DSRA scheduled for

The total estimated value of this acquisition is These are FY21 and OPN type funds.

DEPARTMENT OF THE NAVY

SOUTHWEST REGIONAL MAINTENANCE CENTER

3755 BRINSER ST STE 1

SAN DIEGO, CA 92136-5299

J&A Number: N55236210025 Code:410B

Sol Number: N5523621R0006

Date: 2 February 2021

J & A Number: N55236210025

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETION

Recommend procuring as a sole source requirement, in accordance with (IAW) FAR 6.302-1(c)(1)- Only one responsible source and no other supplies or services will satisfy agency requirements.

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

The only company which can meet one or more of the critical requirements set forth above, such as existence of patents, copyrights, compatibility with existing equipment: Lake Shore Systems, Inc.

Lake Shore Systems, Inc., is the OEM for the SLAD. As the sole provider to the building yard, they have the engineering in place to manufacture SLAD parts. To attempt to procure these products from any other source would result in substantial duplication of costs to the Government that could not be recovered through competition because the Government would be required to purchase an entirely new SLAD. The replacement or conversion of the entire SLAD would be cost prohibitive and exceed the cost to conduct repairs through the use of this authority. Cost savings would not result from full and open competition to avoid the proprietary nature of the current configuration.

Additionally, market survey was conducted for this requirement to identify and locate additional possible sources that can provide the required material..

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS

PRACTICAL:

A Sources Sought notification was posted to beta.sam.gov website on 19 January 2021 with a closing date of 1 February 2021 required by FAR 6.303. No responses were received before the notification closed.

Lake Shore Systems, Inc. has verified that they do not have any authorized distributors. Due to the proprietary nature of this material and prior purchase history there is no reasonable expectation of identifying other potential sources that can provide the required SLAD kit for the USS Curtis Wilber

7. DETERMINATION OF FAIR AND REASONABLE COST:

The contracting officer will determine that the anticipated cost of this acquisition will be fair and reasonable based on price analysis to be conducted pursuant to FAR, Part 15. Contractor will provide commercial price list for the supplies required and prior sales history for the same items so that a more detailed review of pricing can be performed to ascertain the reasonableness of the current offered pricing.

8. ACTION TAKEN TO REMOVE BARRIERS TO COMPETITION:

This requirement is a sole source request due to the proprietary nature of the direct replacement parts.

There are currently no known additional sources to foster competition for parts. The only company which can meet one or more of the critical requirement set forth above, such as existence of patents, copyrights, compatibility with existing equipment, is the OEM, LAKE SHORE SYSTEMS, INC.

J & A Number: N55236210025

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Contracting Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

CONTRACTING OFFICER

Signature Name (Print) and Title (Code) Phone No. Date

619-556-2309Roderick Rioveros, Contracting Officer, Code 410B