JA_Crane Parts.docx

J&A Control Number:N104-22-Q-0172

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).

2. Description of the Action Being Approved: Award of contract and purchase order on a sole source basis for Appleton Marine, Original Equipment Manufacturer (OEM) replacement parts. These parts are necessary for the USNS T-EPF Program to accomplish maintenance of ships crane.

3. Description of Supplies/Services: MSC requires OEM parts for 5 year ships crane maintenance parts. This J&A has an estimated value of $XXXX using fiscal year (FY) 2022 Funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: This contractual action is executed under the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority: The ships crane parts are part of necessary maintenance in order to maintain functionality and is required in order to meet mission requirements. Appleton Marine is the OEM builder, designer, integration authority, and subject matter expert of the ships crane for the Expeditionary Fast Transport (EPF) program.

MSC does not have the manufacturer or technical information to properly evaluate non-OEM services or components. Additionally, MSC does not have the capability to determine equivalency of non-OEM services/components when compared to the OEM services/components. The required technical expertise unique to these components resides with the OEM builder that has access to parts, software, technical data, and drawings required.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: Appleton Marine is the OEM builder, designer, integration authority, and subject matter expert of the ships crane for the Expeditionary Fast Transport (EPF) program. MSC does not have the technical information to determine if a vendor, other than Appleton Marine has the capabilities to manufacture crane parts without an extensive ship check and reverse engineering.

A Sources Sought Notice was posted on March 25, 2022 on SAM.gov. There were no responses received. The lack of responses from the Sources Sought Notice further validates MSC’s ‘only one source’ requirement.

IAW FAR 5.201(b)(1)(i), the Government intends to issue a synopsis and solicitation on beta.SAM.gov for each separate procurement, with the intent of awarding a firm fixed price contract or purchase order.

7. 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 will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of supplies/services covered by this document, and there are no actions planned to remove or overcome the sole source requirement. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.