J-A-ESWITCHBOARDSPAREBREAKER.doc

N104-13-P-1341

J&A No. N32205-21-Q-2740

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDED

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

b. Description of the Action Being Approved: This is a brand name justification for material to be provided by Government-mandated subcontractors listed below for the USNS MEDGAR EVERS (T-AKE 13) under RFP N33205-21-Q-2740. This Justification covers only the portion of the acquisition, which is brand name, and the approval level requirements will then only apply to that portion.

E-Board-480V, 4000A Spare Breaker

POINT EIGHT POWER/DRS Power and Control Technologies Inc

ACB-4040

Model #: MC-008782-02

Serial #: 1034034

c. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to provide for a shore based spare for the Emergency Switchboard on the USNS MEDGAR EVERS.

d. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c) (1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

e. Rationale Justifying Use of Cited Authority:

CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

SMS Procedure Number: 10.6-002-ALL:

SMS NUMBER 10.6-002-ALL LISTS THE SWITCHBOARDS AS CRITICAL EQUIPMENT. THE LOSS OF THE EMERGENCY SWITCHBOARD PUTS THE SHIP IN A C-4 STATUS, THUS BECOMING UNABLE TO PERFORM THE PRIMARY MISSION OF PROVIDING UNDERWAY REPLENISHMENT SERVICES TO THE FLEET, WHICH WILL RESULT IN A CASREP. THE REDUCTION OF POWER CAN ALSO POSE A HAZARD TO THE CREW, DUE TO LIMITED SHIP MANEUVERABILITY. PROPER REPLACEMENT PARTS ARE CRITICAL TO THE SAFE OPERATIONS OF T-AKE VESSEL.

f. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor to provide the necessary material.

g. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A is fair and reasonable in accordance with FAR Part 15.404-1.

h. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Signature

Name (Printed)

Phone No.

Date

Legal Sufficiency Review:

I have reviewed this Justification and it is deemed legally sufficient.

Contracting Officer Certification:

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

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above Justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

Name