JA N3220523Q2194_Redacted.pdf

J&A No. N10423Q2194

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 Maxim Water Makers repair parts in support of the USNS COMFORT (T-AH 20) to Maxim Evaporators of America.

3. Description of Supply Services: MSC requires Original Equipment Manufacturer (OEM) Maxim Evaporator of America to provide Maxim Water Makers parts to support the overhaul of two Maxim Water Makers Distilling Plants onboard the USNS COMFORT (T-AH 20). The estimated combined dollar value is that will be funded utilizing fiscal year 2023 Service Life Extension Program (SLEP) funds. These funds expire on September 30, 2023.

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: Maxim Evaporators of America is the required source and is identified as the OEM on the data plate for the Distilling Plants. No other vendors exist that can provide this equipment as Maxim Evaporators of America is the only vendor that has manufactured and provided this material in the past. The Distilling Plants are designated as ship critical safety items by the design control activity as identified in COMSCINST 4490.1(Series). Only Maxim Evaporators 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 equipment reliability. Deficient parts could cause system failure and loss of water making capability for ship’s potable water. Additionally, loss of system functionality would result in the loss of makeup water for the propulsion boilers while at sea.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: Maxim Evaporator of America has supplied these parts for the T-AH Class distilling plans in 2018 and 2021. A sources sought for the proposed purchase order was posted on SAM.gov on July 6, 2023, and closed July 13, 2023, with no responses. 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-to-Shipboard- Safety-on-MSC-Vessels/. MSC intends to post a sole source combined synopsis and solicitation notice along with this justification at the Government Point of Entry. MSC intends to award a firm-fixed-price purchase order to the sole source provider, Maxim Evaporators of America, for these parts.

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.