JA ESL AC Compressor_Redacted.pdf

J&A No. N10424Q0141

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 a purchase order on a sole source basis for Johnson Controls to provide parts to replace AC Plant Compressor Rotating Assembly and Seal.

Delivery will be Guam, USA under Request for Quotation (RFQ) N3220524Q0141.

3. Description of Supplies/Services: MSC requires the original equipment manufacturer (OEM) to provide the parts to replace the AC Plant Compressor Rotating Assembly and Seal. Parts to be shipped to Guam, USA by the required delivery date of 30 September 2025. The estimated combined dollar value is $508,889.00 that will be utilizing fiscal year 2024 funds.

CLIN DESCRIPTION QUANTITY UNIT OF

MEASURE

0001 Brand: Johnson Controls, Part #

364-20129-000 Rotating Assembly

3 Each

0002 Brand: Johnson Controls, Part # 377-15863-002 Gasket Kit

3 Each

0003 Brand: Johnson Controls, Part # 377-15863-003 Overhaul Kit

3 Each

0004 Brand: Johnson Controls, Part # 064-48779-000 Seal Labyrinth

3 Each

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 3204 (a)(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 Statutory Authority: Johnsons Controls is the authorized OEM and the only source capable of providing the required parts to replace AC Plant Compressor Rotating Assembly. Johnsons Controls has the proprietary rights and does not have any authorized distributors. The existing Rotating Assembly is scheduled to be replaced due to age and usage hours and have identified Johnsons Controls as the only source to provide a rotating assembly and seal that will meet the requirements of Military Sealift Command. Therefore, Johnsons Controls is the only contractor with the required knowledge and technical data that can provide an AC Plant Compressor Rotating Assembly and seal for the USS EMORY S. LAND.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable:

The sources sought for the proposed purchase order was posted on the sam.gov website on February 13, 2024, and closed February 21, 2024, with one response. However, it was determined that the responding company did not provide an adequate capability statement showing that they can procure and provide the OEM parts. The capability statement included two previous projects that were service-related utility compressor repairs rather that marine vessel AC compressor repair parts. 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-

J&A No. N10424Q0141 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 to Johnson Controls.

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.

8. Actions to Remove Barriers to Future Competition: For reasons set forth in paragraph 5, MSC for past contracts or purchase orders has not allowed for non-OEM suppliers and 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 requirements is feasible.