JA Redacted.pdf

J&A No. N10425Q0009

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 to the sole provider, Allied System Company of the ALLIED Model D6700FCTS Davits installed on the AS Class Ships, for a Rescue Boat Davit. Allied Marine Crane is the Original Equipment Manufacturer (OEM) and sole provider of the required Boat Davit for the upcoming availability for the USS EMORY S LAND (AS-39), using other than full and open competition.

3. Description of Supply Services: Provide the Boat Davit to replace the Allied Davit for the USS EMORY S LAND (AS-39) to ensure the item is available for the upcoming ROHDD availability.

The estimated dollar value is which will be funded utilizing fiscal year 2025 Navy working capital funds.

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 AS Class Allied Davits are nearing end of service life and have had repeated crane failures attributed to worn cylinders. The Allied Davit is critical equipment that is used to offload Rescue Boats. The Rescue Boat Davit is considered Life Saving Equipment under Coast Guard regulations and are maintained under COMDTPUB P16700.4/NVIC 04-07. The new davit will replace the existing in form, fit, and function. The Allied davit would be a one-to-one swap with all accessories, including the connection to the rescue boat also being Allied, to ensure the rescue boat is safely stored. Allied Systems Company owns the proprietary drawings and manufacturing processes for the installed equipment and all repair parts. Allied Systems Company sells direct to the Government; there are no authorized distributors.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: A sources sought notice was posted on October 15, 2024, and closed October 18, 2024. The sources sought closed, and two responses were received by the deadline: Allied Systems Company and BHPE LLC. Allied Systems Company is the only known party to provide the Davit required for use, and only sell direct to the Government. 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/. The Government intends to post a combined synopsis and solicitation notice along with this justification at the Government Point of Entry with the intent of awarding a firm-fixed-price purchase order to Allied Systems Company upon submission of a technically acceptable quote.

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.

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.

J&A No. N10425Q0009