JA FDTD Cups Redacted.docx

J&A No. N10425Q2173

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 brand name basis to a brand distributor of Alcoa. Alcoa is the sole provider of parts for the T-EPF Class. Alcoa is the authorized OEM and has established rights, limited right in data, patent rights, copyrights, or secret processes in the item or service. Other than full and open competition will be utilized as Alcoa is the only source capable of meeting this requirement.

3. Description of Supply Services: To provide the T-EPF class vessels with replacement Generation 2 flight deck tie down cups, part # 05003552. The estimated combined dollar value for these supplies is $XXX.XX, which will be funded utilizing fiscal year 2025 Navy Working Capital Funds. These funds do not expire.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 3204(a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Authority: The existing cups are prone to failure. These parts are listed as critical equipment due to the difficulty in obtaining parts. Alcoa is the contractor identified as the main source to provide the parts required. Alcoa is not the only contractor with the required knowledge and technical data but owns the drawings for the parts required. Alcoa sells through OEM authorized distributors.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: Three sources were noted on MOR. Alcoa owns the technical data for the Flight Deck Tie Downs. The Government can seek other sources which can possibly provide a direct replacement of the cups. The Government do not intend 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 priced order.

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 requirements is feasible.