Use Of Other Than Full And Open Memo_Redacted.pdf

J&A No. N10423Q2068

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Military Sealift Command (MSC), Norfolk

2. Description of the Action Being Approved: Award of a purchase order on a sole source basis for Hydra Radios for use onboard the USNS SACAGAWEA (T-AKE-2) under request for quotation (RFQ) N3220523Q2068.

3. Description of Supplies/Services: MSC requires Original Equipment Manufacturer (OEM) L3 Harris Technology Hydra Radios to support the replacement of the current radios onboard the vessel. The estimated combined dollar value is that will be funded utilizing fiscal year 2023 Navy Working Capital Funds.

Line Part Number; Description Quantity

0001 P/N: 14020-0039-06 BASIC RADIO, XG-75 56

0002 P/N: 14020-0038-06 EXECUTIVE RADIO, XG-75 10

0003 P/N: EV-PA4B SPARE BATTERY, LI-ION 2000MAH 70

0004 P/N: 14021-7031-01 HOLSTERS/CARRYING CASE 70

0005 P/N: MAEV-NAE9D LAPEL MIC, XG-75 40

0006 P/N: EA-009580-009 BREEZE HEADSET 20

0007 P/N: EA-009580-013 HEADSET, HEAVY DUTY OTH W/

PTT

0008 P/N: 14020-0009-01 SOFTWARE KIT 1

0009 P/N: 14021-0022-01 FIXED STANDARD RADIO, XG-75M 1

0010 P/N: EA101601V6 CHARGER, GRADE B 6 POSITION 7

0011 P/N: CH-104560-007 DESK CHARGER, SINGLE POSITION 10

0012 P/N: 14020-0081-01 DC LOCKER 3

0013 P/N: YASP1C-B TECH MANUAL UPDATE 1

0014 P/N: AA-018695-001 CADEX SLEEVES, XG-75 4

0015 P/N: N/A BASIC RADIO, XG-75, HIGH VISIBILITY

YELLOW

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C.

3204(c)(1), Only One Responsible Source or Limited Number of Responsible Sources and no other type of property will satisfy the needs of the agency.

5. Rationale Justifying Use of Cited Authority: L3 Harris Technologies is the authorized OEM and the only source capable of providing the required parts to replace the Hydra Radios.

The Hydra Radios are designated as a ship critical safety item by the design control activity as identified in COMSCINST 4490.1(Series). The hydra radios were designed for the T-AKE class ship and was installed on USNS SACAGAWEA (T-AKE) to meet operational and mission requirements. The items being procured are parts to ensure operating status, and mission readiness, of the USNS SACAGAWEA (T-AKE-2) is maintained. These radios, and such parts, are only supplied by L3 Harris Technologies, and non-OEM would not work within the system as designed and utilized by all T-AKE class vessels. Only L3 Harris Technologies 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.

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 SAM.gov website on April 4, 2023, and closed April 11 2023, 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 with the intent of awarding a firm-fixed-price purchase order to the lowest price technically acceptable quoter..

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this justification and approval will be fair and reasonable in accordance with FAR 13.106-3(a).

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC Norfolk has no plans at this time to allow for non-OEM suppliers in future contracts or purchase orders for the type of supplies covered by this document. If another potential source emerges, MSC will access if competition for future requirements is feasible.