N4044625Q2008_JA_Eddy Pump_Brand Name_Redacted.pdf

J&A No. N4044625Q0008

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Military Sealift Command (MSC) Ship Support Unit (SSU) Guam.

2. Description of the Action Being Approved.

Award a material only contract on a competitive basis to an authorized provider of EDDY Pump’s Collection, Holding and Transfer (CHT) CC-300 series Pump Assembly in support of the USS FRANK CABLES Mid Term Availability. This award will be limited to an authorized distributor of EDDY Pump parts using other than full and open competition.

EDDY Pump is the Original Equipment Manufacturer (OEM) for the CHT pump assembly onboard the USS FRANK CABLE (AS-40). EDDY Pump has the required drawings, manuals, and technical knowledge to supply the proper parts to an authorized distributor.

This comports with Military Sealift Command and regulatory guidance.

3. Description of Supplies/Services.

Provide a new CHT pump assembly and various overhaul material to be use as Government Furnished Materials (GFM) for Work Item 0506 during USS FRANK CABLE (AS- 40) Mid Term Availability. The estimated dollar value is , which will be funded utilizing fiscal year 2025 Navy working capital funds.

4. Statutory Authority Permitting Other Than Full and Open Competition.

Per 10 U.S.C. 3204(a)(1) and FAR 6.302-1, Brand Name requirement, no other brand name supplies will satisfy the agency requirements.

5. Rationale Justifying Use of Cited Authority.

The AS Class CHT Pump assembly is subject to overhaul during its upcoming Mid-Term Availability. MSC requires the CHT pump parts from an EDDY Pump OEM authorized source to be delivered to ensure work will be completed during the upcoming availability. This will ensure the vessel maintains damage control and operational status and ensures the USS FRANK CABLE is able to complete all mission as required. Utilizing only EDDY Pump authorized distributors also ensures MSC and the USS FRANK CABLE (AS 40) are following all applicable federal procurements regulations in ensuring vessel safety for the CHT pump. EDDY Pump has one authorized distributor who may be able to supply the parts. This type of equipment is categorized as “critical equipment. MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1. MSC intends to review all quotes supplied for this procurement from an authorized EDDY Pump distributor. Eddy Pump maintains control over the critical software updates, encryption protocols, and technical support, further solidifying its status as the only viable supplier for this communication system upgrade. Moreover, the Eddy Pump is a CHT pump which is a critical piece of equipment on the vessel that is used for the pumping and transfer of sewage and gray water from the ship to shore-based facilities or for holding and eventual discharge overboard. This pump is therefore critical in ensuring compliance with environmental regulations and in maintaining a safe and healthy environment on the vessel.

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

A sources sought was posted for this requirement in Sam.Gov on 29 April 2025, and closed on 06 May 2025 with one response. A response was received from ECI Defense Group who provided a letter from EDDY Pump stating ECI Defense Group is an authorized exclusive distributor for all EDDY Pump parts. MSC perpetually seeks submissions from non-OEM contractors for consideration of qualification of their parts and/or services as an acceptable

J&A No. N4044625Q0008 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 the lowest offeror 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/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For reasons set forth in paragraphs 5 and 6, 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.