Redacted JA.pdf

J&A No. N10422Q0121

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 for Allied Systems Winch for the Utility Boat Crane onboard the USNS MERCY (T-AH 19) and the USNS COMFORT (T-AH 20) under Request for Quotation (RFQ) N3220522Q0121.

3. Description of Supply Services: MSC requires two Original Equipment Manufacturer (OEM) winches

(P/N 64103) to support repairs of the Allied Systems Utility Boat Cranes onboard the USNS MERCY (T- AH 19) and the USNS COMFORT (T-AH 20). The estimated combined dollar value is that will be funded utilizing fiscal year 2022 Navy working capital funds.

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 Authority: Allied Systems is the required source and is identified as the

OEM on the data plate for the Utility Boat Crane. The Utility Boat Crane is designated as a ship critical safety item by the design control activity as identified in COMSCINST 4490.1(Series). Only Allied 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 the ability to launch and recover the utility boat.

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 Beta.SAM website on February 7 , 2022, and closed February 15, 2022, 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.