JA_N32205-16-T-4358_Redacted_1.pdf

N104-16-T-4358

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. De scription of Action Be ing Approve d: This is a justification and approval (J&A) for the use of other than full and open competition that will result in a firm fix price purchase order to

Appleton Marine, of Appleton, WI.

3. De scription of Supplie s/Se rvice s: This requirement covers the procurement of cargo crane repair parts, required for the 10 year inspection, maintenance and Crane Retesting Survey, Boom removal, hydraulic cylinder, hose and hoist wire rope replacements onboard USNS

SACAGAWEA. The action executed under this J&A has an estimated value of using M&R funding.

4. Statutory Authority Pe rmitting Othe r Than Full and Ope n Compe tition: The statutory authority for this procurement is 41 U.S.C. 1901(e)(2) as implemented by FAR Part 13.501(a), Simplified Procedures for Certain Commercial Items, Sole Source including Brand Name.

5. Rationale Justifying Use of Cite d Statutory Authority : The shipboard Cargo Cranes are categorized as critical equipment, per the SMS procedure, and its system parts are designated as regulatory requirements for Cargo Crane inspections by ABS and the US Coast Guard. OEM

Appleton Marine has access to business sensitive drawings and technical data for making repairs to the Cargo Cranes. MSC does not have the 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. The loss of cargo cranes will cause shipboard personnel the inability to meet mission requirements for underway replenishment and puts the Ship in a CASREP C-4 status preventing the ship from performing its primary mission of providing underway replenishment services to the Fleet. Procurement of the cargo crane parts from the authorized distributor is critical to the safe operations of T-AKE vessel and for the safety of the crew.

6. De scription of Efforts M ade to Solicit Offers from as M any Offeror as Practicable: The

Government intends to synopsize and to post a request for quotations (RFQ) at the Government

Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to

Appleton Marine, Inc.

7. De te rmination of Fair and Re asonable Cost: The Contracting Officer will determine that the price is fair and reasonable pursuant to Federal Acquisition Regulations (FAR) Part 13.106-3.

8. Actions to Re move Barrie rs to Future Compe tition: No specific action is planned to overcome barriers to competition in subsequent procurements, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.