JA REP ship repair ROBERT E. PEARY MTA.docx

JUSTIFICATION AND APPROVAL (J&A)

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: This is a brand name justification for work to be provided by Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Midterm Availability (MTA) of the USNS ROBERT E. PEARY T-AKE 5 under RFP N3320522R4035. This Justification covers only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion.

Description of Supply Services: To accomplish requirements of WIs listed below. The estimated combined dollar value is that will be funded utilizing fiscal year 2022 Navy working capital funds.

KITCO Fiber Optics.

ATLAS INCINERATORS ApS / American United Marine Corp.

IMECO, Inc.

3. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1) Only One Responsible Source or Limited Number of Responsible Sources and no other type of property or service will satisfy the needs of the agency.

4. Rationale Justifying Use of Cited Authority:

a. For WI’s listed above as critical systems:

These WIs require the listed brand name authorized or an MSC-authorized field service technician to perform the services and provide the materials. The affected equipment is designated as ship critical safety items by the design control activity as identified in COMSCINST 4490.1(Series). Only authorized field service technicians have access to proprietary technical data and have the expertise to identify and provide direct replacement parts for existing equipment, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Improperly installed or deficient parts could cause system failure and loss of the affected system or equipment while at sea.

b. For WI’s listed above not designated as critical, but still has restrictive rights:

These WI’s require the listed brand name authorized or an MSC-authorized field service technician to perform the services and provide the materials. Only authorized field service technicians have access to proprietary technical data and have the expertise to identify and provide direct replacement parts for existing equipment, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Improperly installed or deficient parts could cause system failure and loss of the affected system or equipment while at sea.

5. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The proposed contract was synopsized on the SAM.gov website on December 28, 2021. 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 competitive RFP along with this justification at the GPE with the intent of awarding a firm-fixed price contract to the lowest price technically acceptable offeror. The contractor will be required to subcontract OEM-authorized or MSC-authorized field service technicians to perform the work in the related WIs.

6. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable IAW FAR 15.404-1(b)(2).

7. Actions to Removed Barriers to Future Competition: For reasons set forth in paragraph 5, MSC has no plans at this time to allow for competitive subcontracting in future contracts for the types of supplies/services covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. If the prime contractor identifies an alternate source fully qualified by technical expertise, experience, and access to OEM parts and technical data, the prime contractor must submit its analysis and documentation supporting the alternate source to the Contracting Officer no later than the closing date for clarifications as stated in section L of the solicitation.

J&A No. N104-22-R-4035 i.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

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.

Legal Sufficiency Review:

I have determined this Justification is legally sufficient.

Contracting Officer Certification:

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

Competition Advocate:

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