Justificaion and Approval_Redacted.pdf

Source Selection Information (with content) � See FAR 2.101 and 3.104 For Official Use Only

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS � SOLE SOURCE JUSTIFICATION AND APPROVAL

CONTROL NUMBER: 2024-29

ERP # 1301160923 / PR #: N2979441024037

Requiring Activity:

Department of the Navy, Military Sealift Command (MSC) Norfolk

Description of Requirement:

MSC is requesting for the manufacture and delivery of 30 each high-pressure (HP) air flasks in support of the

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Est. Amount: . FY24 Capital funding will be utilized for this requirement.

1. Agency Contracting Activity:

N00406 � Naval Supply Fleet Logistics Puget Sound.

2. Description of Action:

The HP air flasks are requested to be delivered at or before . The vessel will be in port, in southeast Asia, with a maintenance period of performance (POP) of MSC is willing accept partial deliveries of these long lead materials.

Current market research has shown that the required parts can be manufactured and delivered (FOB destination) by the following small business manufacturers:

Riggins Company

Razorback LLC

True North Companies

3. Description of Supplies/Services:

MSC requests 30 each (minimum quantity required), HP air flasks. The HP air flasks will need to be manufactured in accordance with NAVSEA Drawing No. 6580222, ABS Marine Vessel Rules 2022, ASME Boiler and Pressure Code VIII, ABS Generic Rules for Classification, Materials and Welding and Survey after Construction � Part 2 2022, and Military Sealift Command General Technical Requirements (GTR).

4. Basis for Sole Source

a. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization

Brand Name (Note approval level requirements are applicable only to this portion

FAR 13.501(2)

Other:

b. Reason for Authority Cited:

The requirement for a Class Buy to accommodate the T-AO 187 Tanker vessels was determined in late April and the program Manager and Type Desk directed a Class Buy bulk purchase providing new pressure vessels for an aging and failing critical equipment system. The request order was developed in May 2024 ultimately submitted for purchase via ProTrack. This requirement was assigned to a Contract Specialist on 5/9/24. Inadequate progress was made by the assigned specialist.

The T-AO fleet has experienced several HP air flask system failures, which is under close scrutiny by the United States Coast Guard (USCG) and American Bureau of Shipping (ABS). The current stock of HP Air flasks in MSC�s warehouse is minimal and could be depleted by the end of 2024 depending on the current vessels in shipyards inspected by USCG and ABS or simply caused by aged catastrophic failure. The HP air system is integral to the delivery of the cargo to its customers at sea (USN warships on real-time mission). Without the HP air system, the T-AO class cannot deliver cargo (fuel) to the customer during Replacement at Sea (RAS), and therefore, cannot support their mission.

If the HP air flasks are not delivered, by the RDD of the vessel would be put into a situation where the HP air flasks would not be installed and operational tested. If the HP air flasks are not delivered by the vessel may have to limit the renewal of aged, deteriorated, and/or damaged HP Air Flasks, thus sending the vessel to sea without one-hundred percent ability to accomplish the assigned mission task. This would put the vessel in a situation where it would be forced to go back to a major industrial overhaul availability for refitting, which would not allow the vessel to accomplish its assigned mission task.

If the air flasks are not delivered by the vessel will be required to undergo a major availability assisted by the Industrial Assistance (IA) community as the next major availability is currently scheduled to far out (POP:

5. Competition:

In accordance with FAR 5.202(a)(2) this action will not be synopsized.

6. Actions to Increase Competition:

Current market research, indicate that numerous small businesses have shown interest and stated that they would quote this requirement.

7. Market Research:

Current market research was conducted in accordance with FAR Part 10, FAR Part 12, and FAR Subpart 13.5 between the date range of 9/3/24 � 9/13/24. Mandatory sources were screened, and the required parts were not able to be provided by Ability One or UNICOR, were not listed on GSA, and cannot be fulfilled via required sources of supply. National stock numbers (NSNs) do not exist for the requested part. In accordance with FAR Part 10, a determination has been made that the required supplies are of a type offered and sold competitively in substantial quantities in the commercial marketplace based on competitive market prices and under standard commercial terms and conditions. Numerous small businesses have shown interest in potentially quoting this requirement. Lead times have ranged from 20 weeks to 40 weeks after contract award.

8. Actions to Remove Barriers to Future Competition NAVSUP FLC Puget Sound plans on soliciting this requirement as a small business set-aside.

Due to the urgency, the solicitation will be emailed to small business vendors who have stated that they will quote this requirement.

9. Any Other facts supporting the use of other than full and open competition.

N/A

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. It is anticipated that a price analysis will be used to determine the quoted price as fair and reasonable.

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Date:

Title: Contracting Officer Signature:

Legal Counsel:

Phone:

Typed Name: Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of stern ramp parts on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Date:

TYPED NAME

NAVSUP N7 Senior Executive Service Date:

Signature:

Approval Levels Dollar Value of Document Approval Authority

$250,000 - $700,000 Purchasing Contracting Officer* $700,000 - $13,500,000 Contracting Activity Competition Advocate

>$1,000,000.00 CRB

*Contracting Officer signature at paragraph 14 (Contracting Officer Certification) constitutes approval. Approval page not required.

*Copy and Paste CRB Signature template from the SAP CI Business Clearance if required.