ESL AC COMP (23Q0079) JA_Redacted.pdf

J&A No. N10423Q0079

J&A (Ver1) dtd 29 Sep 21

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).

2. Description of the Action Being Approved: Award of a purchase order on a sole source basis for Johnson Controls to provide parts to replace AC Plant Compressor Rotating Assembly and Seal.

Delivery will be Guam, USA under Request for Quotation (RFQ) N3220523Q0079.

3. Description of Supplies/Services: MSC requires the original equipment manufacturer (OEM) to provide the parts to replace the AC Plant Compressor Rotating Assemble and Seal. Parts to be shipped to Guam, USA by the required deliver date of 31 August 2023.

CLIN DESCRIPTION QUANTITY UNIT OF MEASURE

0001 Part # 364-20129-000 Rotating Assembly 3 Each

0002 Part # 377-15863-002 Gasket Kit 3 Each

0003 Part # 377-15863-003 Overhaul Kit 3 Each

0004 Part # 064-48779-000 Seal Labryinth 3 Each

4. 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.

5. Rationale Justifying Use of Cited Statutory Authority: Johnsons Controls is the authorized OEM and the only source capable of providing the required parts to replace AC Plant Compressor Rotating Assembly. Johnsons Controls has the proprietary rights and does not have any authorized distributors. The existing Rotating Assy is scheduled to be replace due to age and hours, and have identified Johnsons Controls as the main source to provide rotating assembly and seal that will meet the requirements of Military Sealift Command. Therefore, Johnsons Controls is the only contractor with the required knowledge and technical data that can provide AC Plant Compressor Rotating Assembly and seal.

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts or programming services offered are equivalent to what the OEM can provide. This work item requires specialized technical expertise unique to this equipment; only approved OEM parts are authorized to program this critical equipment. The OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

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

The government intends to synopsize and post a request for quotation at the government point of entry, SAM website, on a sole source, name brand basis, with the intent of awarding a firm-fixed price contract.

J&A No. N10423Q0079

J&A (Ver1) dtd 29 Sep 21

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable IAW FAR 13.106-3(a).

8. Actions to Remove Barriers to Future Competition: For reasons set forth in paragraph 5, MSC for past contracts or purchase orders has not allowed for non-OEM suppliers and has no plans at this time to allow for non-OEM suppliers in future contracts or purchase orders for the types of supplies covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.