Redacted_J_&_A.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command-Norfolk (MSC), 471 East C. Street Norfolk, Va. 23511.

2. Description of Action Being Approved: This is a justification and approval (J&A) for the use of other than full and open competition on the basis of a brand name and sole source requirement that will result in a firm fixed price contract. (MSC Contract Number N104-19-R-6704) for procurement of LIFTKING USN-10 rough terrain forklifts for configuration and use onboard U.S. Naval Ships (Expeditionary Fast Transport) T-EPF 11 and T-EPF 12 new construction vessels, per 41 U.S.C. 1901.

3. Description of Supplies/Services: LIFTKING USN-10 Rough Terrain (R/T) Forklifts designed and equipped to provide shipboard heavy lift at 48” load center, support launch and recovery of Rigid Hulled Inflatable Boats (RHIB), and provide support for shipboard and special operations, as required. These forklifts will be fitted with tine mounted pintle hook adapters specifically designed and approved for use on this vehicle in support of T-EPF RHIB operations.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for this procurement is Title 41 U.S. Code, Section 1901(e)(2), as implemented in Federal Acquisition Regulation (FAR) 13.5 “Simplified Procedures for Certain Commercial Items; more specifically, FAR

13.501 and FAR 13.106-1(b).

5. Rationale Justifying Use of Cited Statutory Authority:

a. MSC requires a Rough Terrain (R/T) forklift (R/T) that meets shipboard standards as noted in the specifications identified in the attached Statement of Work (SOW). All of the current MSC T-EPF ships are equipped with these USN10's, which were procured by the Defense Logistics Agency as modified commercial items per Procurement Description PD509, in previous contracts. DLA will no longer procure shipboard-approved material handling equipment (MHE).

b. T-EPF vessels require a ten-thousand-pound R/T forklift with 48” load center for mission support.

The forklift required must pass all full First Article Testing (FAT) for shipboard use per Naval Supply Command (NAVSUP)NAVSUP 10490, N954/005 (14 January 2016) and be certified for use onboard T-EPF vessels by the Naval Surface Warfare Center, Packaging, Storage, Storage and Transportation Division, (NSWC PHS&T). S p e c i f i c a l l y , t h i s vehicle type was subjected to a deck stress analysis and was approved by NSWC for use onboard T-EPF vessels per NSWC 9130, Ser 65/17-18 dtd 29 Jun 2017.

c . This model forklift is equipped with a carriage and mast assembly that is suited for maneuvering, launching, recovery, and towing of RHIBs. It is not equipped with typical boom lifts, which are subject to lateral stress by nature of the boom extension. This vehicle is fitted with a tine-mounted pintle hook adapter specifically designed and approved for use on this vehicle in support of T-EPF RHIB operations. Per ANSI/ITSDF B56.1 Section 4.2.1, “no modifications or alterations to a powered industrial truck that may affect the capacity, stability, or safe operation of the truck shall be made without the prior written approval of the original truck manufacturer.” The technical risk associated with this requirement is the potential for disruption of national security missions and associated support for special operations. There are no other R/Ts with this type of carriage and pintle hook design.

6. Description of Efforts Made To Solicit Offers from as Many Potential Sources as Practicable:

Thi MHE was originally designed and procured for shipboard use per NAVSUP Procurement Description 509 dated 10 Dec 2012. A DLA contract was awarded to LIFTKING, and MSC procured 10 (ea) of these assets ISO T-EPF 1-10 via DLA contract SPE8EC13D00210002/02. DLA did not previously find alternative sources. MANITEX–LIFTKING / LiftKing Manufacturing Corp, 7135 Islington Ave, Woodbridge, ON L4L 1V9, Canada is the only manufacture of this equipment. This asset is specifically designed and manufactured for shipboard operations per the specifications listed above, and LIFKING builds this asset at their manufacturing plant only on a per-order basis. It is not a standard COTS asset and not maintained in stock

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

8. Market Research: This DLA contract has expired, although the vehicle remains available through direct procurement from the Manufacturer. Market research over multiple contracts and years has demonstrated that there is no alternative vehicle that meets these specifications.

Nonetheless, aSources Sought Notice was posted on 26 December 2018 and closed 4 January 2019. No firms responded.

9. A Listing of the Sources, if any, that Expressed, in writing, an Interest in the Acquisition:

To date, no additional sources are available or approved.

10. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraphs 5 and 6, the procurement is required through MANITEX-LIFTKING. Should MSC determine that the requirement is no longer required; this J&A will become null and void.