JA over SAT Redacted.pdf

J&A (Ver1) dtd 29 Sep 21

N10423Q0008

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 SKF Shaft Couplings, manufactured by the

Original Equipment Manufacturer (OEM) Simplex Americas. over the Simplified Acquisition

Threshold (SAT).

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

The action executed under this J&A have an estimated value of approximately $272, 424.00.

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: Simplex Americas is the OEM of the

SKF Shaft Couplings 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. Rationale Justifying Use of Cited Statutory Authority. The tail shaft in the propulsion system is coupled by a part manufactured by SIMPLEX Americas LLC. SIMPLEX SK-

001100 Coupling OKC/179798-0550-0545. This is the only provider of this coupling system used by the MSC T-

AO 188 vessel.

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 14 October, 2022 with a response date of 21 October, 2022. The respondents were required to demonstrate the ability to provide the required OEM items. One (1) response was received from Simplex Americas and provided their capability statement. When asked if they could provide the required part, Simplex Americas 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. Simplex Americas. provided their capability statement. Contract Specialist performed market research to determine if Simplex Americas. could provide the part required through email communication and browsing their website. Simplex Americas. was 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.

Technical/Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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