BETA SAM.pdf

20-J&A-002

JUSTIFICATION AND APPROVAL

FOR USE OFOTHER THAN FULL AND OPEN

COMPETITION

1. Agency and Contracting Activity.

Requiring Activity:

USNS AMELIA EARHART (T-AKE-6)

Military Sealift Command (MSC)

Ship Support Unit, Bahrain

PSC 851 Box 350

FPO AE 09834-0350

Contracting Activity:

NAVSUP Fleet Logistics Center (FLC) Bahrain DET Dubai

Umm Hurair, Bur Dubai P.O.Box 1217777

2. Description of the Action Being Approved.

Negotiate and award a firm fixed price contract on a sole-source basis for the voyage repair requirement of the USNS AMELIA EARHART (T-AKE 6) under FAR 6.302-1 (Only one responsible source and no other supplies or services will satisfy agency requirements) during its port visit at Port of Duqm, Oman. Port of Duqm has been established as the place of performance for this repair requirement since the repair period coincides with the ship’s scheduled port visit. The selection of location within the FIFTH Fleet AOR for the ship’s port visit is at the discretion of Commander Task Force FIVE THREE (CTF 53) based on overall future operational commitments.

The supplies or services required under this requisition are available from only one responsible source and no other type of supplies or services will satisfy the Government's need.

On 9 December 2019, a Sources Sought Notice was posted on EURONECO to identify qualified and experienced sources that can satisfy the requirements of the Government. The same notice was disseminated via email to known ship repair contractors in the FIFTH FLEET Area of Responsibility that have support US Navy ships in the past. The posting was made available through 10 December 2019. By the time responses were due, six contractors submitted responses.

NICO International responded via email on 10 December 2019 through Krishna Diwakar (Estimator) that NICO International was keen on participating in the solicitation effort; however, they stated that in order to do so the Government shall provide access and visas, crane and port permission to work at the Port of Duqm. The Government notified NICO that it is unable to assist the contractor with these requirements.

Consequently, NICO declined to participate in the solicitation.

Cheryl.Geneciran.PH Rectangle

BASREC responded via email on 10 December 2019 through A. Razzak Shaikh and stated that due to the place of performance, they were unable to support the present requirement.

Dubai Drydocks World responded via email on 10 December 2019 through R. Hariharan (Estimations Manager) that due to the place of performance of the required ship repair effort, DDW was unable to participate in the effort.

Nordmarin LLC responded via email on 9 December 2019 through Ali Ashraf (General Manager for Operations) that due to the place of performance of the required ship repair effort, Nordmarin LLC was unable to participate in the solicitation effort.

MAN Diesel and Turbo Middle East, UAE responded via email on 10 December 2019 through Mr.

Rupesh Naik (Sales Manager) that they were unable to support the US Navy in this requirement.

Grandweld LLC responded via email on 9 December 2019 through Mr. Sunil G Mathew (Sales Manager) that they were unable to support the US Navy in this requirement because they were not able to accept requirements at Duqm.

Duqm Naval Dock Yard (DND) on the other hand, responded via email on 10 December 2019 confirming that they have the capability to satisfy the requirements of the voyage repair availability during January/February 2020 timeframe. They also confirmed that they have the necessary permits to accomplish the work items at Port of Duqm, Oman.

Historically, only DND actively participates and have been successful in receiving awards for ship repair availabilities at Port of Duqm. The Contracting Officer/Specialist conducted a responsibility determination on DND on 10 December 2019. The responsibility determination was based on the standards listed in FAR 9.104-1.

DND’s strategic location, climate, yard facilities, technical support and integrated services will provide DND’s customers an advantage. A search in the Past Performance Information Retrieval System (PPIRS) produced an assessment report which indicated that DND has no negative findings. DND’s performance record was also verified in the Federal Awardee Performance and Integrity Information System (FAPIIS).

The FAPIIS report indicated that DND has no derogatory information reported for any of the report types listed. The Contracting Officer also checked the System for Award Management (SAM) to ensure that DND does not have any active or inactive exclusion. SAM showed that DND has an active registration with no exclusions listed. In view of the information provided above, the Contracting Officer has determined that in accordance with FAR 9.104-1, DND is a responsible offeror that has the necessary organization, experience, operational controls and financial resources to perform the contract.

The Government is confident, based on experience from several past mid-term availabilities and voyage repair schedules on similar ships and market research conducted, that DND will perform in accordance with the standards set forth in the contract.

UAE and Bahrain based ship repair contractors presently do not have the capability to support requirements staged at the Port of Duqm. This information was observed during the market research conducted in support of previous ship repair availabilities at the same port, Port of Duqm (N4033919CD007, 19PD010, 013, 052, 065, 076). UAE contractors all cited the place of performance as the primary reason why they are unable to participate in this solicitation effort. In the previous repair efforts, several contractor stated that they were hesitant to risk an operation of this magnitude due to their

Cheryl.Geneciran.PH Rectangle lack of presence in Oman. Furthermore, some of the vendors mentioned that their prices will not be as competitive since they would have to outsource or bring in their in-house personnel, equipment, materials, tools, etc. from UAE.

Based on the market research discussed above, only one responsible offeror, DND, is capable of accomplishing the seventeen (17) work items the USNS AMELIA EARHART at Port of Duqm, Oman.

3. Description of Supplies/Services.

This procurement is to accomplish seventeen (17) mission-essential voyage repair work items in support of the USNS AMELIA EARHART (T-AKE 6) during their port visit at the Port of Duqm from 29 January – 11 February 2020.

The current requirement includes structural repairs, propulsion machinery, communication and navigational aids, auxiliary machinery systems, habitability repairs, mission system repairs, heating, ventilation and air conditioning system repairs, and underwater husbandry.

The estimated dollar value for the repair package is $294,480.00.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C.2304(c)(1),Only one responsible source.

5. Rationale Justifying Use of Cited Statutory Authority.

The Military Sealift Command’s (MSC) Ship Repair and Maintenance Process are unique. Unlike the US Navy ships, which uses organizational, intermediate and depot levels for maintenance, MSC ships are only supported at the organizational (shipboard) and depot (industrial) levels (e.g., voyage repairs, overhauls, maintenance and repair upgrades (MARUPs)). MSC's unique maintenance philosophy is driven by the austere, commercial type manning of its ships, absence of complex weapons or electronics systems, and reliance on commercial repair facilities. For these and other reasons, MSC ships are generally on a 410-day phased maintenance and overhaul cycle, with typically short (4-6 weeks) but frequent (annual or bi-annual) ship availabilities. MSC industrial availabilities are planned, developed and scheduled by the MSC Central Technical Activity (MSCCENTACT) or the ship's Area Command Engineering Director's Type Desks. The execution and coordination of all industrial availabilities is the responsibility of the Area Command Port Engineer, assigned to support a particular ship.

As stated above, market research revealed that only DND is able to accomplish the required repairs and has the necessary organization, experience, operational controls and financial resources to perform and accomplish the required effort at the Port of Duqm, Oman.

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

As stated above, a sources sought notice was posted on EURONECO as well as emails were sent to contractors in order to identify qualified and experienced sources that can satisfy the requirements of the

Government. By the time responses were due, only one contractor submitted the required information.

Military Sealift Command (MSC) and NAVSUP FLC Bahrain DET Dubai will continue to conduct market research to identify other potential sources at this location for future requirements.

7. Determination of Fair and Reasonable Cost.

The contracting officer will determine the total anticipated price to the Government for the repairs covered by this J&A to be fair and reasonable in accordance with FAR 15.404(1)(b).

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraphs 2 and 5, NAVSUP has no plans at this time to compete future contacts for the types of supplies/services covered by his document. If another potential source emerges, NAVSUP will assess whether competition for future requirements is feasible.

9. Contracting Point Of Contact

The contracting point of contact is Ms. Cheryl Geneciran - Paulino, who may be contacted via telephone on +97150 4566178 or via e-mail at Cheryl.Geneciran.PH@me.navy.mil.