JA N10424Q2061 Redacted.pdf

J&A No. N10424Q2061

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 sole source basis for Hull Monitoring System (HMS) materials for use on the USNS CODY under Request for Quotation (RFQ) N3220524Q2061.

3. Description of Supply Services: MSC requires the procurement of materials for the HMS installation onboard the USNS CODY (T-EPF 14). The required material is being procured by Light Structures, the proprietary owner of the HMS installation for all T-EPF Class vessels. The estimated combined dollar value is $XXX.XX that will be funded utilizing fiscal year 2024 Navy Working Capital Funds, which 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: Light Structures is the designer for the HMS installation nearing completion onboard the T-EPF vessels. Light Structures is the only vendor with proprietary rights to the installation who must accomplish system commissioning and the only vendor who can program the system and set hull sensor alarm limits. There no other distributors or authorized service representatives. Light Structures is the contracted designer and installer and the only source capable of ensuring the correct material is procured to replace the spare parts as required for the T-EPF Class. The HMS is a complex system that monitors stress responses in the hull structure during operations and provides critical information about load margins and is engineered to specifications that only Light Structures would have access to at this time. Only Light Structures has access to proprietary technical data and has the expertise to identify and provide direct replacement parts, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures system reliability and ensures deficient parts are not procured.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: A sources sought notice was posted to the Government Point of Entry (GPE) on 24 July 2024 for 8 days in which no responses were received. The Government intends to post a sole source combined synopsis and solicitation notice along with this justification at the GPE with the intent of awarding a firm-fixed-price purchase order to the sole source provider, Light Structures, for the material for installation.

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.