JA AH_19 Lifeboat Accumulators_Redacted.pdf

J&A No. N10422Q2237

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 Tenderboat Accumulators onboard the AH-19 Class Vessels under Request for Quotation (RFQ) N3220522Q2237.

3. Description of Supply Services: MSC requires Original Equipment Manufacturer (OEM) FASSMER parts to support the replacement of the Lifeboat Accumulators onboard the AH-19 Class Vessel. The estimated combined dollar value is that will be funded utilizing fiscal year 2022 Navy working capital funds.

Line Part Number; Description Quantity

001 PT#: C-000621, HYDRAULIC ACCUMULATOR 50 L 26

002 PT#: 0003288, FITTING X-GER12S WD 3/8" 26

003 PT#: 0024807, U-BRACKET FOR ACCUMULATOR STAINLESS (1.4571-V4A) 52

004 PT#: 0004798, NUT DIN1587, A4 M20, STAINLESS STEEL 208

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: There are currently two Tenderboat Davits with hydraulic accumulators which will reach their 10 year life expectancy. Renewal of the accumulators have been recommended by the OEM FASSMER.

Safety Management System (SMS) Procedure 10.6-002-ALL list the Accumulator’s as Critical Equipment.

COMSCINST4490.1B requires work accomplished on this equipment be done by the OEM or an MSC N7 Engineering Director recognized repair facility capable of accomplishing the repairs. The OEM is the only firm known to provide replacement parts and configuration control requires the exact replacement for safety and reliability reasons. Further, only OEM FASSNER has access to proprietary technical documentation necessary to install this item properly.

Failure of Tenderboat Davits will result in the loss of lifeboat access to the ship’s crew.

MSC does not own the proprietary technical data rights to this equipment onboard the AH-19 Class Vessels.

MSC does not have manufacturing and technical information required to evaluate and determine whether non- OEM components and replacement parts offered are equivalent to the OEM components and replacement parts.

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 Beta. SAM website on August 30, 2022, and closed September 8, 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