LakeShore Stern Ramp FY21 CLASS JA redacted.pdf

For Official Use Only

Control Number N104-FY21-LAKE SHORE

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. Nature of Action: Award of contracts on a sole source basis for Lake Shore Systems Inc. (Lake

Shore) articulated bi-folding Stern Ramp, in support of the Expeditionary Fast Transport (T-EPF) Class of

MSC vessels. The authority to act under this class justification and approval (J&A) expires on September

30, 2021.

3. Description of Supplies/Services: MSC requires parts and services to support OEM recommended maintenance and repairs to the articulated bi-folding Stern Ramp installed aboard T-EPF vessels.

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(e) (2) as implemented by FAR Part 13.501(a), Simplified Procedures for Certain Commercial Items, Sole Source. Section 815 of the National Defense Authorization Act of Fiscal Year 2015 makes this authority permanent. The statutory authority for simplified acquisitions less than $250,000.00 and for FAR Part 15 procurements is

FAR Part 13.106-1, and for an exception to competition is 10 U.S.C 2304(c)(1), respectively, as implemented by FAR Part 6.302-1.

5. Rationale Supporting Use of Authority Cited Above: The articulated bi-folding Stern Ramp

Original Equipment Manufacturer (OEM) for T-EF class vessels is Lake Shore. There are currently eleven (11) active T-EPFs in the MSC fleet with one each articulated bi-folding Stern Ramp per vessel.

All components to include hardware and structural support for the system is built specifically for the Lake

Shore articulated bi-folding Stern Ramp, part number #F113575. Proper repair and maintenance of the

Stern Ramp is critical to the safe operation of the T-EPF vessels. All the components of this structural system are designated critical ship safety systems. If any other Stern Ramp systems were procured, it would result in a multi-year re-design of the structural elements and control system of the T-EPF. The hardware, software, and structural design would need to be completely re-configured at prohibitive cost.

It is mission-critical and personnel safety-critical to maintain class configuration and interchangeability across the ship class. Any deviation from the OEM parts could result in personal injury, loss of life, or equipment failure and possible damage to the vessel and personnel, and through loss of vessel propulsion and maneuvering. The OEM parts and technical data/drawings are required by United States Coast Guard

(USCG) and American Bureau of Shipping (ABS) regulations. Use of OEM parts and services maintains all OEM warranties and ensures engine reliability and crew safety; therefore, precluding consideration of a product manufactured by another company. The engineering, construction drawings, and technical characteristics of the manufactured parts for these propulsion engines are proprietary to Lake Shore and the United States Government has not acquired rights in these data.

Lake Shore is the only source that can provide the structural system support for the Stern Ramp installed on the T-EPF vessels. The Stern Ramp system installed requires special tools, specialized repair parts, and technical expertise unique to these hydraulic and lifting systems. Only Lake Shore can satisfy requirements for proprietary articulated bi-folding Stern Ramp system and control system software, material and services support critical to the ship’s hydraulic and lifting system. There is no other source for parts as Lake Shore is the OEM. Lake Shore has the data to produce the parts and retains all

For Official Use Only proprietary design rights. No other vendor has access to the T-EPF Class Lake Shore Stern Ramp associated monitoring, control and software updates. Failure of the Stern Ramp will put the ship in a C-

3/C-4 status depending on whether the ramp is deployed or not, thus becoming unable to perform its primary mission of rapidly providing personnel, material, and equipment to the Fleet. The reduction of the

Stern Ramp can also pose a hazard to routine in-port operations and to the crew, due to a limited or lack of a workable means to embark and debark the ship. Proper refurbishment and maintenance of all aspect of the Stern Ramp and its associated support systems are critical to the safe operations of the T-EPF

Class. Lake Shore is the only vendor that possesses the necessary expertise, access to OEM parts and access to the installed software code to upgrade and maintain supportability of the control and monitoring system.

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components, replacement parts and service offered are equivalent to the OEM components and replacement parts. T-EPF engines require special tools, specialized repair parts, and technical expertise unique to these engines. Only approved OEM parts are authorized to be installed on this highly sophisticated equipment. Lake Shore has ready access to both parts and technical data/drawings as required to properly repair and maintain the equipment. Further, all OEM repair parts comply with USCG, ABS and

International Maritime Organization regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: In accordance with Procedures, Guidance and Information 206.302-1, the Government issued a Sources

Sought Notice on beta.SAM.gov website seeking eligible businesses that could provide Lake Shore Stern

Ramp system parts and services on 22 October 2020 with a closing date of 05 November 2020. There was no responses to the Sources Sought posting other than Lake Shore. Lake Shore is a large business under

NAICS code 811310 and has no Active Exclusions on www.SAM.gov as of 05 November 2020. The

Government intends to synopsize when required and to post Requests for Quotations (RFQs) and Requests for Proposals (RPFs) on beta.SAM.gov for each separate procurement with the intent awarding a firm-fixed-priced contract.

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 or 15.404-1, as appropriate.

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in paragraph 5, OEM parts and services are required for the T-EPF class Stern Ramp System. MSC has no plans at this time to compete future contracts for the type of service covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. Should MSC determine that OEM parts and services are no longer required, this class J&A will become null and void.