N10425Q2223 JA Redacted.pdf

J&A No. N10425Q2223

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of the Action Being Approved: Award of a purchase order on a sole source basis to the Original Equipment Manufacturer (OEM), Federal Equipment Company, of the Helo

Hangar Doors installed on the USNS ROBERT E. PEARY (T-AKE-5). Federal Equipment

Company is the OEM and sells direct to the Government the required hangar doors for the upcoming availability for the USNS ROBERT E. PEARY (T-AKE-5). This award will be limited to solely the OEM, Federal Equipment Company, using other than full and open competition. This comports with Military Sealift Command and regulatory guidance.

3. Description of Supplies/Services: Provide the Helo Hangar Doors to replace the current

Federal Equipment Company Helo Hangar Doors that are currently installed on the USNS

ROBERT E. PEARY (T-AKE-5) to ensure these items are available for the upcoming Mid-Term

Availability (MTA). The estimated dollar value is which will be funded utilizing fiscal year 2025 Navy working capital funds.

4. Statutory Authority Permitting Other Than 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.

5. Rationale Justifying Use of Cited Authority: The new Helo Hangar Door will replace the existing in form, fit, and function. The Helo Hangar Doors provided from Federal Equipment

Company would be a one-to-one swap and require no additional trans-alterations. Federal

Equipment Company owns the proprietary drawings and manufacturing processes for the installed equipment and all required parts for the Hangar Doors. Federal Equipment Company is the only vendor with the adequate technical data, drawings, and knowledge of the Hangar door, to be able to fabricate these items as required to replace the doors without alteration. These doors from the OEM are supplied on all T-AKE vessels. Federal Equipment Company sells direct to the Government; there are no authorized distributors who sell on behalf of Federal Equipment

Company. This type of equipment is categorized as “critical equipment,” which has several aspects: (1) equipment failure would affect operation of the a key readiness system, including, propulsion and auxiliary and safety equipment, restricting the ship to port, unable to perform its required missions; (2) Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems -- including the OEM parts described here -- as critical equipment; (3) MSC is directed to only use OEM parts on this equipment aboard MSC

Fleet Vessels per COMSCINST 4490.1; (4) regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this type of shipboard equipment by an authorized OEM representative. In addition, the OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. Although no substitutes are known, MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts.

J&A No. N10425Q2223

Regardless, this is proprietary information, and the Government did not acquire rights in this data.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: A sources sought notice was posted on February 13, 2025, and closed February 20, 2025. The sources sought closed, and zero responses were received by the deadline. Federal Equipment

Company is the only known company to provide the Hangar Doors required for use and Federal

Equipment Company only sells direct to the Government. 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 combined synopsis and solicitation notice along with this justification at the Government Point of Entry with the intent of awarding a firm-fixed-price purchase order to Federal Equipment Company upon submission of a technically acceptable quote.

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.

8. Actions to Removed 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.