Ser 410-048 JA PSE-1797 VIM-Redacted.pdf

DEPARTMENT OF THE NAVY

PORTSMOUTH NAVAL SHIPYARD

PORTSMOUTH, N. H. 03804-5000 IN REPLY REFER TO

J&A Number:PL-2084

Ser 410/048 P.R. Number: N3904022RC20060

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command Portsmouth Naval Shipyard (PNS) Contracting Division (Code 410), Kittery, ME. The requiring activity is Portsmouth Naval Shipyard, Kittery ME.

2. Description of the Action Being Approved

Award of a firm fixed price contract on a sole source basis to Taylor Devices, Inc for the restoration of Taylor Devices Vibration Isolation Mounts (VIM) on USS Cheyenne (SSN 773).

The IGE (Independent Government Estimate) for this requirement is

3. Description of Supplies/Services

The proposed contract effort provides for the Original Equipment Manufacturer (OEM) to restore proprietary parts specially designed for military application laid out by the statement of work (SOW). The contractor shall restore a full ship’s set of 120 VIMs consisting of sixty (60) each 497A10005-19, forty-eight (48) each 497A80033-1 and twelve

(12) each 497A80032-1 to original design specifications.

The restoration of these VIM’s shall include manufacturing with new material and testing of the Plunger and Elastomer subassemblies and manufacturing of base plates with new material. The contractor shall disassemble the VIM’s and provide inspecting, testing, preserving and refurbishing the Housing Assemblies prior to shipping for reinstallation by the Government.

The Independent Government Estimate (IGE) was prepared through market research through historical contract pricing. The total estimated value of this acquisition is and will be funded with FY22 Operations and Maintenance, Navy funding.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2). (Only one responsible source and no other supplies or services will satisfy agency requirements).

5. Rationale Justifying Use of Cited Statutory Authority

In accordance with FAR 6.302-1, only one source is capable of meeting the requirement. This authority permits limiting the number of sources solicited and to not use full and open competition for this requirement.

Taylor Devices is the Original Equipment Manufacturer (OEM) and owns the proprietary data – including drawings, material specifications/measurements, and processes - required for the restoration of the VIM’s to the original manufactured conditions. Said data, which is neither possessed by another vendor nor available to the Government, is critical to ensuring that the restoration is in accordance with the Statement of Work.

10/13/2021 Taylor Devices, Inc confirmed they are the only authorized manufacturer to work on Taylor Devices VIM’s. There is only one off site repair facility with no dealers of this product, therefore only the manufacturer will be provided the opportunity to quote.

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

Offerors as Practicable

A Sources Sought notice was posted to Government Point of Entry (GPE) https://SAM.gov on November 01, 2021. The notice closed on November 15, 2021. Two (2) responses to the Sources Sought notice were received.

This sources sought notice is the market research tool to identify potential and eligible firms capable of providing the services requested in this contract effort. As such, all interested parties are encouraged to respond. Information received will be considered solely for purpose of determining other than full and open competition. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.” The Sources Sought Notice garnered two (2) responses stating that they would need to be provided with the drawings.

7. Determination of Fair and Reasonable Costs

The Contracting Officer anticipates the costs to the Government for the items covered in this contract effort will be fair and reasonable by reviewing the IGE along with two past contracts. A determination of fair and reasonable price will be based on price analysis by the Contracting Officer of the contractor’s quotation and/or a comparison of previous pricing history, historical contract analysis, published price list of same or similar items, or any other reasonable basis, in accordance with FAR 15.404, prior to award.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5 and Paragraph 6, PNS Code 410 Contracting Division has no plans at this time to compete future contracts for the OEM services covered by this document.

Contracting Point of Contact

Rene St. Pierre, Contract Officer Email: rene.r.stpierre@navy.mil

Phone: 207-438-2189

Tana Anderson, Contract Specialist Email: tana.anderson@navy.mil Phone: 207-994-0448

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. PL- 2007.1, except as noted herein, are complete and accurate to the best of my knowledge and belief.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, 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.

2304(c)(1).

MCCLUSKEY.MICHAEL.L.1477665825 Digitally signed by MCCLUSKEY.MICHAEL.L.1477665825 Date: 2021.11.08 13:52:47 -05'00'