JA 5 Ton Crane Design_Redacted.pdf

J&A No. N3220524Q2242

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 the Original Equipment Manufacturer (OEM), Trident Maritime Systems, to provide engineering services in support of equipment, component, material, and configuration upgrades to the AS 39 Class 5 Ton Cargo and Sail Service Cranes aboard the USS Emory S. Land (AS-39) using other than full and open competition.

3. Description of Services: OEM to provide engineering and project management to produce drawings, engineering calculations, installation instructions and technical support documentation necessary to modify the original design configuration of the AS 39 Class Port and Starboard 5 Ton Cargo and Sail Service Cranes. The actions under this J & A have an estimated value of approximately $ using FY-24 M&R Funding.

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. Only the OEM holds the required proprietary drawings and information to provide engineering services for the 5 Ton Cargo and Sail Service Cranes on board the USS Emory S. Land (AS-39).

5. Rationale Justifying Use of Cited Authority: The USS Emory S. Land (AS-39) is a Submarine

Tender which supports repair of forward deployed US Naval Submarine and Surface Vessels. The vessel requires these cranes to service submarines alongside as their primary mission, which makes their mission essential to the national security of the United States. The cranes are original to the vessel, over 40 years old, and require modifications to upgrade obsolete and worn equipment and components. The OEM maintains exclusive rights for the design data, material specifications, proprietary drawings, and historical component information necessary to accomplish the required engineering in support of the crane upgrades.

The 5-Ton Cargo and Sail Service Cranes are designated as a ship critical safety item as identified in QMS N0750-100.00AQ, Rev 2.1, which requires the procurement of OEM authorized services.

MSC does not own the proprietary technical data rights to this equipment. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM engineered modifications will facilitate continued safe operations of the cranes.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: 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 to award a firm-fixed-price purchase order.

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable