J A AS_39 Accom Ladder Signed_Redacted.pdf

J&A No. N10423Q2267

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 limited source basis for

Accommodation Ladders onboard the USS EMORY S. LAND (AS 39) under Request for Quotation

(RFQ) N3220523Q2267.

3. Description of Supply Services: MSC requires Original Equipment Manufacturer (OEM) Waco Products Inc.

parts to support the replacement of the port and starboard accommodation ladders onboard the USS EMORY S.

LAND (AS 39). The estimated combined dollar value is that will be funded utilizing fiscal year 2023 Navy working capital funds.

Line Part Number; Description Quantity

001 P/N: F-40985, 40 FOOT ACCOM LADDER 2

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: Waco Products Inc. is the authorized OEM and the only source capable of providing the required parts to replace the accommodation ladders. The existing accommodation ladders are complex and engineered to provide gangway access to personnel during operations and when tending submarines. The accommodation ladders are designated as a ship critical safety item by the design control activity as identified in COMSCINST 4490.1(Series). Only Waco Products Inc. has access to 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.

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 October 26, 2022, and closed November 3, 2022, with no responses. 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).

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.