JA Lake Shore_Redacted.pdf

J&A (Ver1) dtd 29 Sep 21

N10422Q0186

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command Norfolk (MSC).

2. Description of the Action Being Approved: Award of a firm-fixed price contract on a sole source basis for a one-time procurement of parts for the gypsy winch assembly, manufactured by the Original Equipment Manufacturer (OEM) Lake Shore Systems, Inc. over the Simplified Acquisition Threshold (SAT).

3. Description of Supplies/Services: This action covers the procurement of OEM parts required.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for commercial procurements greater than $250,000.00 is 41 U.S.C. 1901€(2) as implemented by FAR Part 13.501(a), Simplified Procedures for Certain Commercial Items, Sole Source—including Brand Name. Section 815 of the National Defense Authorization Act (NDAA) of Fiscal Year 2015 makes this authority permanent.

5. Rationale Justifying Use of Cited Statutory Authority: Lake Shore Systems, Inc. is the OEM of the constant tension winches on the vessel. Restrictive rights include the access to business sensitive technical manuals, drawings, proprietary rights to software and the ability to procure parts from the OEM. Similar cargo companies do not have the required technical data, software licensing and OEM repair parts to review, test and repair this equipment.

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

In accordance with FAR 5.201(b)(1), the Government intends to issue a Combined Synopsis Solicitation on the SAM.gov website on a sole source basis for the ship’s requirement.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for supplies/services is fair and reasonable pursuant to Federal Acquisition Regulation FAR 13.106-3.

8. Actions to Remove Barriers to Future Competition: There has been no specific action planned to overcome barriers to competition other than synopsizing the requirement. OEM parts are mission-critical and the use of other OEM parts would threaten the safe operation of the critical systems installed onboard the vessel.

9. Description of Market Research Conducted: A Sources Sought Notice (SSN) was posted to SAM.gov on 30 June, 2022 with a response date of 7 July, 2022. The respondents were required to demonstrate the ability to provide the required OEM items. One (1) response was received from E&K Equipment, Inc. and provided their capability statement. When asked if they could provide the required part, E&K Equipment explained they did not have information on the part via drawings or parts book and could not find information related to the part number. Lake Shore Systems is the OEM of the parts required and does not have any authorized distributors.

10. List of Sources that Expressed Interest in Writing: One (1) response was received from the issuance of the SSN. E&K Equipment, Inc. provided their capability statement. Contract Specialist performed market research to determine if E&K Equipment, Inc. could provide the part required through email communication and browsing their website. E&K Equipment, Inc. was not identified to be an adequate source for the part required.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGER.DONNIE.STUART.1119316436 Digitally signed by LEGER.DONNIE.STUART.1119316436 Date: 2022.08.11 16:45:12 -04'00'