Redacted JA.pdf

J&A No. N10424Q0116

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 Caterpillar branded engine parts. This award will be limited to an authorized distributor of Caterpillar parts using other than full and open competition. Caterpillar is the Original Equipment Manufacturer (OEM) for the Ship Generators onboard USNS GRASP (T-ARS 51). Caterpillar has the required drawings, manuals, and technical knowledge to supply the proper parts, to an authorized distributor, for the upcoming availabilities for the USNS GRASP (T-ARS 51). This comports with Military Sealift Command and regulatory guidance.

3. Description of Supply Services: Provide the material to overhaul the Caterpillar engines for the

USNS GRASP (T-ARS 51) to ensure the items are available for the upcoming availability. The estimated dollar value is, which will be funded utilizing fiscal year 2024 Navy working capital 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: The T-ARS Class Caterpillar engines are subject to hourly maintenance that is coming due and scheduled for the next Regular Overhaul / Dry-Docking (ROH/DD). Caterpillar engines are listed as critical equipment. In general, MSC will rely solely on OEM branded Caterpillar parts for designated ship critical safety items, such as the 2SGA and 2SGB engines. As per COMSC Instruction 4490.1C establishes MSC policy in accordance with 10 USC #2319 and DFARS 209.2 for the procurement of the items critical to safety on MSC ships. As these parts are critical items for the upcoming availability, these parts are required to be delivered by November 15, 2024. Only vendors who can meet this delivery date, and are certified Caterpillar distributors, will be deemed as vendors capable of meeting MSCs needs. MSC requires these parts from a Caterpillar OEM Authorized source to be delivered by that date to ensure this work can be completed during the next ROH/DD. This will ensure the vessel maintains operational status and ensures the USNS GRASP (T-ARS 51) is able to complete all missions as required. Utilizing only Caterpillar authorized distributors also ensures MSC and the USNS GRASP (T-ARS 51) are following all applicable federal procurements regulations in ensuring vessel safety for these engines.

Caterpillar has multiple authorized distributors who may be able to supply the parts, however, may not meet the required delivery date. MSC intends to review all quotes supplied for this procurement from an authorized Caterpillar distributor, as such they meet the required delivery date.

1. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: No sources sought was posted for this requirement as there is sufficient historical data showing that there are capable vendors of providing Caterpillar OEM material as authorized distributors. Caterpillar sells to the Government through authorized distributors for this equipment. 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 to award a firm-fixed-price purchase order.

2. 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.

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

J&A No. N10424Q0116 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, of Caterpillar branded parts, for future requirements is feasible.