KO - legal JA EDG Materials -_Redacted.pdf

SOUCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

J&A Number: PL-2013

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

The Naval Sea Systems Command Field Procurement Office, Portsmouth Naval Shipyard (N39040), Kittery ME.

2. Description of the Action Being Approved

Award of a sole-sourced firm-fixed a price contract for the acquisition of long lead time materials required to perform renewal/refurbishment of the Emergency Diesel Engine on to Fairbanks Morse Engine, CAGE Code 7Q8V5.

Beginning in 2021 and 2022, will be undergoing a at Portsmouth Naval Shipyard (PNS), Kittery, ME, and repairs on Emergency Diesel Engine are required.

3. Description of Supplies/Services

This proposed contract provides for the Original Equipment Manufacturer (OEM) to provide replacement material required to perform renewal/refurbishment of the Emergency Diesel Engine on during its maintenance cycle at the PNS.

The total estimated value of this acquisition is The long lead time material will be funded with FY20 Operations & Maintenance (OM&N) funds. The Required Delivery Date is 01 Jan 2022. The material will be funded with FY20 OM&N funds, as there is a 65 Week lead-time with some of the required material.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c) (1) Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a) (2).

J&A Number: PL-1882

5. Rationale Justifying Use of Cited Statutory Authority

Use of FAR 6.302-1 is appropriate when supplies or services are available from only one reasonable source that will satisfy agency requirements. This authority permits limiting the number of sources solicited and to not use full and open competition for this requirement.

Fairbanks Morse Engine, CAGE Code 7Q8V5 is the OEM and owns the proprietary equipment, proprietary drawings, and is experienced in supplying the replacement material as stated in Paragraph 2 above. They are the only known vendor that can both provide the material required for the renewal/refurbishment and satisfy the appropriate procedures.

The material requested is proprietary material designed for form, fit, and function with existing material currently installed on the submarine.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

The OEM has provided virtually identical materials for Similar type of works that was required on the per historical contract N4523A20C0801, which was awarded to Fairbanks Morse Engine on 8/6/20. Puget Sound Naval Shipyard (PSNS) conducted initial market research, via internet, in April 2018, seeking vendors with the capability of providing materials required to perform renewal/refurbishment of the Emergency Diesel Engine. The market research resulted in no other company other than then the OEM Fairbanks Morse Engine.

On August 26, 2020, the Contract Specialist conducted market research for the current requirement by posting a sources sought notice to https://beta.sam.gov. The notice sought vendors with the capability of providing the materials required to perform renewal/refurbishment of the Emergency Diesel Engine onboard a Los Angeles Class Submarine. No responses were received.

Notice of this justification will be provided on https://beta.sam.gov in accordance with FAR 6.305.

7. Determination of Fair and Reasonable Costs

The Contracting Officer anticipates the cost to the Government for the items covered by this J&A will be fair and reasonable.

The Contracting Officer will use Price analysis, including historical price estimating relationships from previous procurements, and comparison of similar or like items within the current stock system to determine that the final price to the Government is fair and reasonable.

8. Actions to Remove Barriers to Competition

Barriers should be reviewed at the time ships are built, i.e., whether component(s) being installed shipboard will remain proprietary to the OEM.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

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

TECHNICAL COGNIZANCE:

Signature Michaele Sylvanus, Code 220P Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Mary Taylor, Code 100LSignature Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b) (12))

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

Signature Rene St.Pierre, Code 410.2 207-438-2189 Date

SOUCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

TAYLOR.MARY.H.

Date: 2020.09.03 18:05:51 -04'00'

SYLVANUS.MICHAEL.TERENCE. Date: 2020.09.09 12:47:14 -04'00'

ST PIERRE

JR.RENE.RONALD. Date:2020.09.02 14:23:23 -4'00'