Sperre J and A Redacted.pdf

J and A No. N3220523Q0009

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 firm-fixed price contract on a competitive basis for the procurement of Sperre Air Power AS brand name replacement repair parts in support of USNS JOHN L CANLEY (T ESB 6) under solicitation N3220523Q0009.

3. Description of Supply Services: MSC requires Sperre Air Power AS Original Equipment Manufacturer (OEM) replacement parts to support the General Service and Start Air Compressor onboard USNS JOHN L CANLEY (T ESB 6). The estimated combined dollar value is that will be funded utilizing fiscal year 2023 Navy working capital funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for this procurement is as implemented by FAR Part 13.501, Title 41 U.S.C 1901nsible 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: The proper operation and maintenance of the

Model LL2/120 General Service Compressor and HL2/104A Start Air Compressor are critical to the safety of the USNS JOHN L CANLEY (T ESB 6). The criticality of the Compressors and the complexity of the system demands that MSC adhere to its requirement to purchase Sperre Air Power AS OEM brand name replacement repair parts to reduce the risk of failure or impeded operation of the ship’s Compressor System. This technical risk can be broken down into four subparts: potential for disruption to the ship’s mission support operating schedule; potential for increased costs for emergency overhaul; potential for degradation in performance through a partial or complete failure of the component; potential to cause harm to the crew or the environment.

Sperre Air Power AS owns proprietary information and drawings utilized during support and parts upgrades to the USNS JOHN L CANLEY (T ESB 6) and the Expeditionary Shore Base class vessels. This procurement is necessary to replace the existing materials, which must be compatible in terms of form, fit, and function with existing equipment or configurations.

This mandatory regimen maintains all OEM warranties, therefore precluding consideration of non–OEM parts. Improperly installed or deficient parts could cause system failure and loss of the affected system or equipment while at sea.

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

The Contracting Officer will continue to synopsize and solicit each requirement on SAM.gov. The Government intends to post a competitive RFP along with this justification at the GPE with the intent of awarding a firm-fixed price contract to the lowest price technically acceptable offeror.

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 IAW FAR 13.106-3.

8. Actions to Removed Barriers to Future Competition: There has been no specific action planned to overcome barriers to competition in subsequence procurements, other than synopsizing the requirement. Recent Market Surveys conducted have indicated that Sperre Air Power AS, Lee Engineering Supply Company, Inc. and Trycon Enterprises LLC are sources for the OEM parts. The OEM parts are mission-critical and the use of other than OEM parts would threaten the safe operation of the critical systems installed onboard the vessel. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.