J&A_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC), Norfolk, Virginia 23511.

2. Description of Action Being Approved: MSC has a requirement “Award of a contract on a sole source basis” for the fabrication of four (4) new Safety of Life at Sea (SOLAS)/United State Coast Guard (USCG) approved Rigid Hulled Inflatable (RHIB) boats by Willard Marine, Inc.

3. Description of Supplies/Services: The Contractor shall provide four (4) USCG/SOLAS approved WM-6705-14 RHIB boats and all associated parts for PM1 warehouse spares. The estimate value of the procurement is . The required delivery date is 30 Aug 2017.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition for Federal Acquisition Regulations (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Authority: Use of the authority cited in FAR Subpart 13.5, specifically FAR 13.501(a), is appropriate for this acquisition, as this subpart authorizes use of Simplified Acquisition Procedures (SAP) for acquisition of parts or services greater than the Simplified Acquisition Threshold (SAT) and not exceeding $7.0 million.

The U.S. Navy's Combat Logistics Force (CLF) Kaiser Class Replenishment Oilers (T-AO class) provide direct support to U.S. and Allied Forces at sea and support Combat conflicts/operations, War on Terrorism and disaster relief efforts around the globe. The critical logistics support provided by the T-AO replenishment oilers enables these afloat operational groups to remain on station without disrupting wartime operations.

Kaiser Class oilers are classed by the American Bureau of Shipping (ABS) and are issued a Certificate of Inspection through the USCG. This requires that the life-saving equipment fulfill all USCG and international SOLAS requirements. As the Original Equipment Manufacturer (OEM), Willard Marine manufactured the original RHIB boats. Furthermore, Willard Marine RHIB Davits are designed specifically to fit only Willard Marine boats. It is imperative that these RHIB boats fit in the existing RHIB boat davits, as USCG does not allow safety equipment to be modified or altered in any way. Willard Marine also affirms they are the sole authorized OEM manufacturer provider for these RHIB boats. Willard Marine has not licensed any other vendor to provide these items. Additionally, Willard Marine possesses the proprietary drawings, technical characteristics for the procurement and manufacturing for these components. MSC does not possess or have the rights to the manufacturing drawings, OEM specifications or other technical data pertaining to the Willard Marine equipment. Accordingly, MSC does not have the manufacturing and technical information required to manufacture the OEM RHIB Boats.

The T-AO vessels currently operate in excess of 270 Days ready for tasking to support the fleet commanders. These lifesaving systems are integral to the operation of these vessels. A casualty of these systems can render the vessel unable to perform its mission and leave port.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: In accordance with FAR 5.201(B)(1), the Government will issue a synopsize the sole source basis for this requirement on the Government-Wide Point of Entry, Federal Business Opportunities, located at www.fbo.gov.

7. Market Research: A search of the Willard Marine website: “http://willardmatine.com” and an assessment of previous acquisitions of the subject RHIB boats revealed that Willard Marine is the only manufacturer and distributer of USCG and SOLAS approved RHIB boats.

Accordingly, Willard Marine is the only entity able to meet the Government’s requirement for this procurement.

8. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price is fair and reasonable in accordance with the requirements set forth in FAR Part

13.106-8.

9. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the type of supplies covered by this document. There is one known qualified source for the required parts. The Contracting Officer therefore intends to solicit quotes for RHIB Boat parts from Willard Marine. The Contracting Officer will maximize competition to the fullest extent possible by synopsizing this requirement to the Government-Wide Point of Entry, Federal Business Opportunities, located at www.fbo.gov. This synopsis will indicate that the procurement is limited to OEM Willard Marine RHIB boats and associated parts.