USS COMSTOCK LLTM JA 25JUN2020_Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY

Southwest Regional Maintenance Center (N55236), 3755 Brinser Street, Suite #1, San Diego, CA 92136-5299. Contracting POC: Roderick Rioveros, 619-556-2309, roderick.rioveros@navy.mil

2. DESCRIPTION OF THE ACTION BEING APPROVED:

This justification seeks approval for a sole source procurement for direct replacement parts and components for the USS COMSTOCK’s (LSD-45) deballast air compressors and stern gate from the Original Equipment Manufacturer (OEM), Curtiss-Wright Electro-Mechanical Corporation.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The Southwest Regional Maintenance Center (SWRMC) requires direct replacement parts and components for the USS COMSTOCK’s (LSD-45) four (4) deballast air compressors and two (2) stern gate hydraulic cylinders. The repairs to the ship’s auxiliary systems are scheduled to be accomplished during the upcoming FY-21 Docking Selected Restricted Availability (DSRA) from 11 January 2021 through 14 January 2023.

The parts and components must be compatible in all aspects, (form, fit, and function) with the existing systems presently installed. SWRMC’s maintenance team requires the parts and components to be received no later than 21 December 2020, so the items can be accounted for and turned over as Government furnished property to the prime contractor who will prepare for and accomplish the FY-21 DSRA.

Only the original equipment manufacturer (OEM) parts and components can meet the ship’s auxiliary system requirements. The items are manufactured by Curtiss-Wright Electro-Mechanical Corporation 1675 Brandywine Ave Suite F, Chula Vista, CA 91911 U.S.A.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The total estimated value of this acquisition is using FY-20, OM&N funds.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETION

The statutory authority permitting other than full and open competition for this effort is 10 U.S.C.

2304(c)(1), from only one responsible source or only from a limited number of responsible sources and no other supplies or services will satisfy agency requirements. Only one responsible source and no other supplies or services will satisfy agency requirements IAW FAR 6.302-1(c).

DEPARTMENT OF THE NAVY

SOUTHWEST REGIONAL MAINTENANCE CENTER

3755 BRINSER ST STE 1

SAN DIEGO, CA 92136-5299

J&A Number: N55236200035 Code:410B Sol Number:N5523620R0006 Date: 24 June 2020

J & A Number: N55236200035

5. RATIONALE JUSTIFYING USE OF CITED STATUTORY AUTHORITY

In accordance with FAR 6-302(b)1(i) Curtiss-Wright Electro-Mechanical Corporation is the only source that can satisfy the Navy’s minimum needs because the replacement parts are unique supplies that are only available from the OEM. In addition, the existence of limited rights in data, patent rights make Curtiss- Wright Electro-Mechanical Corporation the only source capable of providing compatible parts. Curtiss- Wright Electro-Mechanical Corporation is the OEM for the specific deballast air compressors and stern gate hydraulic cylinder related parts. Replacement materials through any other vendor are not possible as determined by market research. Curtiss-Wright Electro-Mechanical Corporation holds the proprietary rights to all drawings and equipment for the required parts and components. Theirs are the only components that would be compatible with the original deballast air compressors and stern gate hydraulic cylinder.

The direct replacement parts and components are not carried by the Navy Stock System. The next higher assembly is the entire ship's deballast air compressors and stern gate which are direct replacement parts/components for existing equipment. Replacement/conversion of the entire system(s) would be cost prohibitive and exceed the cost to conduct repairs through the use of this authority. Cost savings would not result from full and open competition to avoid the proprietary nature of the current configuration(s).

The estimated long lead time for the parts and components is fourteen (14) weeks from date of award based on past procurements and confirmation from the OEM. To ensure the long lead time material meets the required delivery date of 21 December 2020, in support of the USS COMSTOCK (LSD-45) FY-21 DSRA, it is imperative that the contracting activity procures the long lead time material from the OEM to meet the mission. Not receiving these parts and components will significantly impact the availability schedule and ship’s deployment mission. The materials in support of the contemplated work a critical path item for undocking the USS COMSTOCK (LSD-45).

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS

PRACTICAL:

In accordance with DFARS PGI 206.3, this requirement was posted as a Sources Sought announcement on beta.sam.gov on 05 June 2020. No responses were received. Additional market research was conducted by contacting the OEM, Curtiss-Wright Electro-Mechanical Corporation, and asking for a list of the authorized distributors for their parts and components. The OEM identified no authorized distributors. A public notice will be posted in accordance with FAR 5.102(a)(6).

7. DETERMINATION OF FAIR AND REASONABLE COST:

The contracting officer will determine that the anticipated cost of this acquisition will be fair and reasonable based on price analysis to be conducted pursuant to FAR Part 15. Offeror will be required to provide other than certified cost and price data for the supplies required and prior sales history for the same items so that a more detailed review of pricing can be performed to ascertain the reasonableness of the current offered pricing.

J & A Number: N55126200035

8. ACTION TAKEN TO REMOVE BARRIERS TO COMPETITION:

This requirement is a sole source request due to the proprietary nature of the direct replacement parts and components. The OEM, Curtiss-Wright Electro-Mechanical Corporation, has no authorized distributors.

Market research, to include posting a Sources Sought, will be conducted to solicit similar requirements in the future.

J & A Number: N55126200035

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 603-2(b))

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. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACT SPECIALIST CERTIFICATION

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

Signature Name (Print) and Title (Code) Phone No. Date

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 Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Contracting Officer, 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).

CONTRACTING OFFICER

Signature Name (Print) and Title (Code) Phone No. Date

Roderick Rioveros 410B 619-556-2309 25 JUNE 2020