JA_24137-0059_Redacted.pdf
PDF 139 KB Posted
- Attached to
- CONNECTION, FLEXIBLE
- Solicitation number
- N0010426CFA28
About this file
Justification for Other Than Full & Open Competition
This document is a Justification and Approval (J&A) for sole-source procurement submitted by the Naval Supply Systems Command (NAVSUP) Weapon Systems Support activity in Mechanicsburg, Pennsylvania.
The acquisition covers flexible connections (NSN 4730 011428913, P/N 299944-100) classified as spares with an expected final delivery date of November 1, 2025. The Government is procuring this item directly from Oil States Industries, Inc. (CAGE 18444) under sole-source authority pursuant to 10 USC 3204(A)(1) and FAR 6.302-1, justified on the basis that only one responsible source can satisfy requirements. The rationale centers on Oil States Industries' exclusive possession of proprietary data rights necessary to manufacture and supply this component, which is designated as Special Emphasis material (Level 1) due to its critical application in submarine systems where failure could result in serious personnel injury or loss of the vessel. The Government failed to procure adequate technical data during initial acquisition, making it uneconomical to obtain data rights or reverse-engineer the part. Market research conducted across multiple databases (ITIMP, EB Single Parts Master, CDMD-OA, CITIS, NSEDR, EIS, and others) identified no alternative distributors or sources capable of meeting operational and reliability requirements.
The contract action was synopsized on the government-wide point of entry on April 10, 2025, and is subject to a March 15, 2019 class waiver of the requirement to post a Request for Information or Sources Sought notice. The contracting officer determined the anticipated cost to be fair and reasonable. NAVSUP WSS confirmed no plans exist to compete future contracts for this item at this time, though competition will be reassessed if alternative manufacturing sources emerge. The J&A received final approval from the Competition Advocate on July 2, 2025, following reviews and concurrence from all required personnel including the Requirements Planner, Technician, Contracting Officer, and Legal Counsel.
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Text version
4. Statutory Authority Permitting Other Than Full & Open Competition
5. Rationale Justifying Use of Cited Authority
6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable
7. Determination of Fair And Reasonable Cost
8. Actions to Remove Barriers to Future Competition
Line of Accounting
This J&A is based upon the authority of 10 USC 3204(A) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1
A/RMC 3
Acquire, for the second or subsequent time, directly from the actual manufacturer.
A/RMSC R
The Government does not own the data or the rights to the data needed to purchase / contract repair of this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.
This acquisition will be solicited to
OIL STATES INDUSTRIES, INC. CAGE 18444 This is a sole sourced item proprietary to Oil States Industries INC 18444. Only Oil States Industries, INC 18444 has the data rights necessary to meet fleet requirements. This material will be used in a crucial shipboard system. The use of incorrect or defective material would create a high probability of failure resulting in serious personnel injury, loss of vital shipboard systems, or the loss of the ship itself therefore, the material has been designated as SPECIAL EMPHASIS material (Level 1, Scope of Certification, or Quality Assured) and special control procedures are invoked to ensure receipt of correct material which has been previously shock and vibration tested for use on submarines. Substitution is not authorized.
15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement
The proposed contract action was synopsized on the government-wide point of entry on 04/10/2025 and as a result
Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows
Market Research was conducted in the following databases: ITIMP (Integrated Technical Item Management & Procurement) System, EB Single Parts Master, TDP Tool, CDMD-OA (Configuration Data Managers Database-Open Archives), CITIS (Contractor Integrated Technical Information System), NSEDR (Naval Ships Engineering Drawing Repository), EIS (Engineering Information System), E-LAR's (Engineering Liaison Action System), LAR's, ERP/ORACLE/FMT, and FLIS. The Government failed to Procure adequate technical data necessary for these complex items, which must meet operational, and Reliability requirements. : The Government failed to procure adequate technical data necessary for these complex items which must meet operational and reliability requirements. Only Cage code 18444 Oil States Industries, INC, possesses the necessary data rights to provide the required level of performance needed to meet fleet requirements. “A review of the data bases listed in the market research did not reveal nor identify any known distributors”.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.
For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.
Previous J&A
9. Any Other Facts Supporting Other Than Full & Open Competition
History
Previous J&A Attached
N/A
Created By Roger Kelley Work Function Reprocurement Technician
Created Date 11/01/2024
01-NOV-24
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Requirements Cognizance Signature
Adam Gelbaugh Work Function Planner Requirements Cognizance Signature Date
03/25/2025
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Technical Cognizance Signature
Roger Kelley Work Function Reprocurement Technician
Technical Cognizance Signature Date
11/18/2024
As of this date, I confirm KO has reviewed the information contained in this J&A and determined sufficient for purposes of processing/ completing Small Business Coordination Record DD2579
KO Review for Small Business Concurrence
Joel Curtis Work Function Supervisor KO Review for Small Business Concurrence Date
04/10/2025
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Contracting Officer Certification Signature
Aaron Heit Work Function Supervisor
Contracting Officer Certification Signature Date
06/16/2025
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Competition Advocacy Review And Concurrence Signature
Adam Johnson Work Function Competition Advocate
Competition Advocacy Review And Concurrence Signature Date
06/24/2025
I certify that this J&A is legally sufficient to the best of my knowledge and belief
Legal Sufficiency Review Signature
Susan Whitley Newburg
Work Function Attorney Legal Sufficiency Review Signature Date
06/24/2025
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Approval Required By Far 6.304 Signature
John Sweeney Work Function Competition Advocate
Approval Required By Far 6.304 Signature Date
07/02/2025
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