K CARRIER REPAIR FALL REIVER JA N00L SIG 4.17.24_Redacted.pdf

J&A No. N104Q0128

JUSTIFICATION AND APPROVAL 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 justification for work to be provided in the Statement of Work (SOW) for the of the USNS FALL RIVER (EPF-4) under RFP N2978733004004. This justification is for a qualified Carrier 30HXS-146R-6-KA Air Conditioning Service Representative to perform the overhaul and repairs of the Chilled Water Units in accordance with the Original Equipment Manufacturer (OEM) specifications.

Work items:

- WI 850 Chilled Water Units Repairs and Operational testing.

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives to accomplish the requirements of Work Items (WIs)

850. The estimated dollar value of the WI is which will be funded utilizing FY24 Operations & Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority:

a. WI 850: HVAC and Refrigeration System Maintenance:

The OEM for the AC condensers and chillers is Carrier. Per the work item specification 7.1, an Authorized Carrier Service Representative will be required to perform Chilled Water Unit repairs and operational testing. Factory authorized service representative provide proprietary technical data/drawings and knowledge of the control system software only available from the original manufacturer. This maintains all OEM warranties, ensures equipment reliability, crew safety and certification therefore precluding consideration of a service offered by another by another company.

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

The requirement and this justification will be posted to Sam.GOV website, as authorized by FAR

5.203(a)(2). The Government intends to award a single firm-fixed-price contract to the lowest price technically acceptable offer. A sources sought notice was posted to the SAM.GOV on January 30, 2024 and closed February 6, 2024 with response from RV Global Solutions Inc. (6TC84).They are a small business under the NAICS CODE 811310. This justification is for a qualified Carrier 30HXS-146R-6-KA Air Conditioning Service Representative to perform the overhaul and repairs of the Chilled Water Units in accordance with the (OEM) specifications. Any prospective contractor will be required to use the OEM or

OEM Authorized vendor as a subcontractor to perform the work as specified above.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable in accordance with FAR Part 15.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.

TECHNICAL AND REQUIREMENT 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

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LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient

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CONTRACTING OFFICER CERTIFICATION

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

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COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

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