L3 Build 28 UPS Requirement N3220524Q2090.pdf

J&A No. N10424Q2090

JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command Norfolk (MSC).

2. Description of Action Being Approved: Award of a service order on a sole source basis to the Original Equipment Manufacturer (OEM), L3 Harris, to incorporate ABS required UPS Signal Monitoring circuits and software for T-Alt 381R for USNS SUPPLY.

3. Description of Supplies/Services: Provide OEM services for USNS SUPPLY for the UPS system for the Machinery Control System is considered Critical Ships equipment and as such only the OEM is authorized to perform corrective action or upgrades to this system. The estimated combined dollar value is , which will be funded utilizing fiscal year 2024 Navy working capital funds.

4. Statutory Authority Permitting 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 and 10 U.S.C. 2304(c)(2), Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority: L3 Harris is the OEM and sole owner of the Machinery Control System Software. All programing is proprietary to L3 Harris. No other Offerors have access to the MSC Software protocols and structure. The vessel requires the required services to support continued operations. The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment. COMSEC 4490.1B Ships Critical Equipment shall use OEM parts applies.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: A sources sought for the proposed service order was posted on the SAM.gov website on 08 August 2024 and closed on 14 August 2024 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/. The Government intends to post a sole source combined synopsis and solicitation notice along with this justification at the Government Point of Entry to award a firm-fixed-price purchase order.

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 Remove 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.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS COGNIZANCE

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.

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.

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 4202 of the

Name Date