Redacted JA.pdf

J&A No. N10425Q2327

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 CRANE ChemPharma branded sea valves. This award will be limited to an authorized distributor of CRANE ChemPharma parts using other than full and open competition. CRANE ChemPharma is the Original Equipment Manufacturer (OEM) for the Sea valves onboard the USNS WASHINGTON CHAMBERS (T-AKE 11). CRANE ChemPharma has the required drawings, manuals, and technical knowledge to supply the proper parts, to an authorized distributor, for the upcoming availabilities for the USNS WASHINGTON CHAMBERS (T-AKE 11). This comports with Military Sealift Command and regulatory guidance.

3. Description of Supply Services: Provide the material to overhaul the CRANE ChemPharma Sea valves for the USNS WASHINGTON CHAMBERS (T-AKE 11) to ensure the items are available for the upcoming 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, there is only one responsible source, and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Authority: The T-AKE Class CRANE ChemPharma Sea valves are subject to maintenance that is coming due and scheduled for the next repair period. MSC requires these sea valves from a CRANE ChemPharma OEM Authorized source to be delivered to ensure this work can be completed during the next availability. This will ensure the vessel maintains operational status and ensures the USNS WASHINGTON CHAMBERS (T-AKE 11) is able to complete all missions as required. Utilizing only CRANE ChemPharma authorized distributors also ensures MSC and the USNS WASHINGTON CHAMBERS (T-AKE 11) are following all applicable federal procurements regulations in ensuring vessel safety for these engines. CRANE ChemPharma has multiple authorized distributors who may be able to supply the parts. MSC intends to review all quotes supplied for this procurement from an authorized CRANE ChemPharma distributor. This type of equipment is categorized as “critical equipment,” which has several aspects: (1) equipment failure would affect operation of the a key readiness system, including, propulsion and auxiliary 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 4490.1; (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 Representative 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 manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. Regardless, this is proprietary information, and the Government did not acquire rights in this data.

J&A No. N10425Q2327

6. 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 CRANE ChemPharma OEM material as authorized distributors.

CRANE ChemPharma 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.

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, of CRANE ChemPharma branded parts, for future requirements is feasible.