2.09_JA_1105022231_Redacted PDF Version.pdf
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- Attached to
- N0038326D0002 J&A
- Solicitation number
- N0038326D0002
About this file
This is a Justification for Other Than Full & Open Competition (J&A) submitted by the Department of the Navy, NAVSUP WSS (Naval Supply Systems Command Weapon Systems Support), Philadelphia, PA.
The procurement action (PD# N0038324Y6250, RVPR# 1105022231) seeks to acquire repair and overhaul services for various items through a five-year Limited Term Contract (LTC) with an expected final delivery date of March 7, 2029. The contracting activity identified Waygate Technologies (CAGE Code 052B7) as the sole source for this requirement. The justification cites 10 USC 3204(A)(1) and FAR 6.302-1 as the statutory authority for the sole-source procurement, with rationale codes A/RMC 3 (acquisition for second or subsequent time directly from actual manufacturer) and A/RMSC D (data unavailability and uneconomical competitive solicitation). The Navy lacks sufficient intellectual property rights to technical data such as drawings, specifications, and test equipment procedures necessary to solicit competitive bids. Market research confirmed that no alternative approved sources exist and no Source Approval Requests have been received from interested parties. The contracting officer determined the anticipated cost to be fair and reasonable. The acquisition was synopsized on the government-wide point of entry on March 26, 2024. Future requirements will be advertised competitively if alternative manufacturing sources emerge. The J&A received final approval on May 29, 2024, following certifications by the contracting officer, competition advocate, and legal counsel regarding accuracy and legal sufficiency.
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4. Statutory Authority Permitting Other Than Full & Open Competition
5. Rationale Justifying Use of Cited Authority
6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable
7. Determination of Fair And Reasonable Cost
8. Actions to Remove Barriers to Future Competition
9. Any Other Facts Supporting Other Than Full & Open Competition
Line of Accounting 97 00 XX XX 4930 NC1A 000 85004 0 050120 7T 000000 7RPT00000000
This J&A is based upon the authority of 10 USC 3204(A) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1
A/RMC 3
Acquire, for the second or subsequent time, directly from the actual manufacturer.
A/RMSC D
The data needed to acquire/repair this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. A/RMCS 3, 4, or 5 are valid.
This acquisition will be solicited to
(052B7) Waygate Technologies The repair of the items listed above will be solicited to (052B7) Waygate Technologies because they are currently the only source with the technical data required to repair, test and certify these items prior to unit delivery. Since the Navy does not possess sufficient rights to data such as drawings, specifications, and/or test equipment/procedures, a full and open competitive solicitation cannot be supported. NAVSUP-WSS must procure these items from (052B7) Waygate Technologies.
15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement
The proposed contract action was synopsized on the government-wide point of entry on 03/26/2024 and as a result
Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows
The latest configuration has been checked and all records (ITIMP, JDRS/ASE, etc.) have been properly aligned, identified, and documented. The criticality for these items have not yet been determined. However, the data necessary to solicit these items from sources other than (052B7) Waygate Technologies is not physically available and is uneconomical to obtain. The available technical data is insufficient for the development of new sources. Source Development Department files indicate no Source Approval Request (SAR) has been received from any party interested in becoming an approved source. Waygate Technologies (052B7) is the only approved source at this time.
The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.
For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.
Previous J&A Previous J&A Available in Workflow Pro
4/30/25, 9:28 AM WorkflowPro https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=15189 2/3
History
N/A
Created By Christopher Channel Work Function Planner Created Date 03/07/2024
07-MAR-24
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Requirements Cognizance Signature
Joseph Violi Work Function Program Manager Requirements Cognizance Signature Date
03/12/2024
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Technical Cognizance Signature
Glen Turner Work Function Equipment Specialist Technical Cognizance Signature Date
03/11/2024
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Source Validation Cognizance
Johnny Brown Work Func tion Competition Advocate
Source Validation Cognizance Signature Date
03/15/2024
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Contracting Officer Certification Signature
Kathryn Murphy Work Function Supervisor
Contracting Officer Certification Signature Date
05/23/2024
I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief
Competition Advocacy Review And Concurrence Signature
Thomas Dimarcantonio
Work Function Competition Advocate
Competition Advocacy Review And Concurrence Signature Date
05/22/2024
I certify that this J&A is legally sufficient to the best of my knowledge and belief
Legal Sufficiency Review Signature
Karen Anderson Work Function Attorney Legal Sufficiency Review Signature Date
05/23/2024
I certify that this J&A is accurate and complete to the best of my knowledge and belief
Approval Required By Far 6.304 Signature
John Sweeney Work Function Competition Advocate
Approval Required By Far 6.304 Signature Date
05/29/2024
4/30/25, 9:28 AM WorkflowPro https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=15189 3/3
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