JA_N104-17-Q-4790.doc

N104-17-Q-4790

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

LIMITED SOURCES

1.

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

2.

Nature of Action: Award of a contract on a limited sole source basis for the Annual Inspection and maintenance of the Intrusion Detection System (IDS) and Audible Warning System (AWS) onboard the T-AKE Class of ships listed in paragraph (3) below. Authority to act under this justification expires on 30 September 2018.

3.

Description of Supplies/Services: The action is submitted for the required annual inspection and maintenance of the IDS and AWS systems onboard the T-AKE CLASS of ships under other than full and open competition as Sole Source requirement. A Sole Source firm fixed price type contract is anticipated for award to Fairlead Integrated Power & Controls, LLC, which is the Original Equipment Manufacturer (OEM) for these systems. The required period of performance is 1 October 2017 to 30 September 2018, at an estimated price of $222,500.00 using FY18 funding.

LOCATION

PLANNED

PERIOD OF

PERFORMANCE

4.

Statutory Authority: 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 Supporting Use of Authority Cited Above: The IDS and AWS Systems are required under OPNAVINST 5530.13C for vessels carrying ammunition. The OEM owns the proprietary designs, software and technical data to perform the annual maintenance requirements. The OEM does not maintain a parts or service distribution network for performing this requirement. Only the OEM can provide services as requested under Statement of Work to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required access to the proprietary designs, software or technical data of the OEM to perform the requirements of this procurement. 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.

6.

Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: IAW DFARS PGI 206.302-1, the Government issued a Sources Sought on Federal Business Opportunities on 9 August 2017 for 5 days, seeking eligible business that could provide OEM Fairlead Integrated Power & Controls, LLC. parts and services. There were no responses to the Sources Sought. The Government intends to synopsize when required and to post request for quotations (RFQ) and request for proposals (RFP) at the Government Point of Entry, the FEDBIZOPS website for each separate procurement, with the intent of awarding a firm-fixed-price contract.

7.

Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is determine fair and reasonable pursuant to Federal Acquisition Regulations (FAR) Part 13.106-3(a)(2).

8.

Actions to Remove Barriers to Future Competition: For the reasons set forth in paragraph 5, MSC Norfolk has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, MSC Norfolk will assess at that time whether competition for future requirements is feasible.

9.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

STEPHEN HAHN 757-443-0982

14 August 2017 Signature Name (Printed) Phone No.

Date Requirements Cognizance:

ROBERT HARE 757-443-0973 14 August 2017 Signature Name (Printed) Phone No.

Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No.

Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No.

Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of41 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." .

Name Date