N10426Q7038_redacted.pdf

J&A No. N10426Q7038

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 competitive basis to an authorized provider of Hardie-Tynes branded force draft blower parts. This award will be limited to an authorized manufacturer of Hardie-Tynes parts using other than full and open competition. Hardie-

Tynes is the Original Equipment Manufacturer (OEM) for the force draft blowers onboard AS Class.

Hardie-Tynes, and their authorized vendors who own copies of the OEM drawings, have the required drawings, manuals, and technical knowledge to supply the proper parts, to MSC, for the upcoming availability for the USS EMORY S. LAND (AS-39). This comports with Military Sealift Command and regulatory guidance.

3. Description of Supply Services: Provide Hardie-Tynes parts for the USS EMORY S. LAND (AS-39) to ensure the items are available for the necessary repair period. The estimated dollar value is which will be funded utilizing fiscal year 2026 Operations and Maintenance, Navy (O&M, N), funds.

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

Brand Name requirement, and no other brand name supplies, will satisfy the agency requirements.

5. Rationale Justifying Use of Cited Authority: MSC requires these parts from an authorized owner of the Hardie-Tynes drawings, or an Hardie-Tynes OEM authorized source, to be delivered by the required delivery date to ensure this work can be completed during upcoming availabilities for the

USS EMORY S. LAND (AS 39). This will ensure the vessel maintains operational status and will ensure the USS EMORY S. LAND (AS 39) is able to complete all missions as required. Hardie-

Tynes is the OEM, and these parts are a direct replacement for the current force draft blower parts installed on the AS Class. MSC maintains both current, but also class configuration by using this one-to-one replacement of the pumps as these are direct replacements. This ensures if the vessel requires immediate replacement the USS EMORY S. LAND (AS 39) can provide the exact item for replacement. The current procurement consists of critical systems on the AS ships to include the force draft blower. Lack of correct and timely procurement will impact ship readiness and assigned missions for the USS EMORY S. LAND (AS 39). This type of equipment is categorized as “critical equipment”, which has several aspects; (1) equipment failure would affect operation of a key readiness system, including, damage control, firefighting capability and safety equipment, restricting the ship to port, unable to perform its required missions; (2) Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems – including the OEM parts described here – as critical equipment; (3) MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.4; (4) regulatory bodies such as United

States Coast Guard and ABS only recognize servicing and repairs of this type of shipboard equipment by an authorized OEM representative. In addition, the OEM has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. Although no substitutes are known, MSC does not have the manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to OEM components and replacement parts. Regardless, this is proprietary information, and the Government did not acquire rights in this data.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: A sources sought was posted on January 12, 2026, until January 23, 2026, and one response was received. 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 combined synopsis and solicitation notice along with this justification at the Government Point of Entry with the intent of awarding a firm-fixed-price purchase order to authorized provider of Hardie-Tynes parts upon submission of a technically acceptable quote.

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.

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.

http://www.msc.usff.navy.mil/Business-http://www.msc.usff.navy.mil/Business-

CERTIFICATION AND APPROVALS

Competition Advocate:

Upon the basis of the above justification, I hereby approve, as Deputy Director, Contracts and Business

Management, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).

MARTIN.THOMAS.JO Digitally signed by

MARTIN.THOMAS.JOSEPH.1277484885

SEPH.1277484885 Date: 2026.01.28 07:04:53 -05'00'

Joe Martin (564) 226-3466