JA 23Q2309 - Signed_Redacted.pdf

J&A No. N10423Q2309

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: Award of a purchase order on a sole source basis to the original equipment manufacturer (OEM), Lake Shore Systems for parts for the port and starboard 5-Ton Cargo and Sail Service Cargo Cranes on board the USS EMORY S. LAND (AS-

39) and USS FRANK CABLE (AS-40) using other than full and open competition.

3. Description of Supply Services: Provide OEM parts for EMORY S. LAND (AS-39) and FRANK

CABLE (AS-40) port and starboard 5-Ton Cargo and Sail Service Cranes. The estimated combined dollar value which will be funded utilizing fiscal year 2023 Navy working capital funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 3204(a)(1)

Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Authority: Lake Shore Systems is the OEM. The USS EMORY S. LAND (AS-39) and USS FRANK CABLE (AS-40) are submarine tenders which support repair of forward deployed U.S. Naval submarine and surface vessels. The vessels require purchase of repair parts to support continued operations. The vessels require these cranes to service submarines alongside as their primary mission, which makes their mission essential to the national security of the United States. Only Lake Shore Systems has access to proprietary technical data and has the expertise to identify and provide direct replacement parts, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Deficient parts could cause system failure and loss of use of the 5-Ton Cargo and Sail Service Cranes.

The 5-Ton Cargo and Sail Service Cranes are designated as a ship critical safety item as identified in QMS N0750-100.00AQ, Rev 2.1, which requires the procurement of OEM authorized parts.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The sources sought for the proposed purchase order was posted on the sam.gov website on August 26, 2023, and closed September 1, 2023, with no responses. 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 sole source combined synopsis and solicitation notice along with this justification at the Government Point of Entry to award a firm-fixed-price purchase order.

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 Removed Barriers to Future Competition: For reasons set forth in paragraph 5, MSC 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.

https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-Safety-on-MSC-Vessels/ https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-Safety-on-MSC-Vessels/

J&A No. N10423Q2309

CERTIFICATION AND APPROVALS

Competition Advocate:

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

Juliann Krogh (757) 443-2472

KROGH.JULIAN Digitally signed by

N.B.1395792250 Date: 2023.09.07 11:06:48 -04'00'

KROGH.JULIANN.B.1395792250