Attachment 2-COMSCINST 4490.1C Qualification Req for Items Critical to Safety on Vessels assigned to MSC.pdf

COMSCINST 4490.1C

N7

COMSC INSTRUCTION 4490.1C

From: Commander, Military Sealift Command

Subj: QUALIFICATION REQUIREMENTS FOR ITEMS CRITICAL TO SAFETY ON

VESSELS ASSIGNED TO MILITARY SEALIFT COMMAND

Ref: (a) 10 U.S.C. §2319 Encouragement of new competitors

(b) 41 U.S.C. §3311 Qualification Requirements

(c) FAR 9.2 Qualification Requirements

(d) DFARS 252.209.2, Availability for Examination of Specifications, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents

(e) MSC Quality Management System Procedures Manual N0750-100.00-AQ (Rev 2)

(f) DFARS 252.209-7010, Critical Safety Items

(g) FAR 9.205 Opportunity for Qualification before Award

Encl: (1) MSC Ship Critical Safety Systems and Equipment List

1. Purpose. This implements policy and procedures, in accordance with references (a) through

(g), for qualification requirements related to procurement of items critical to safety and the modification, repair, and overhaul of those items on vessels assigned to Military Sealift

Command (MSC), excluding chartered vessels. Reference (e) identifies MSC’s ship critical safety items and implements the procedures for contractors to become MSC-qualified non-

Original Equipment Manufacturer (OEM) technical field service providers. This instruction is a complete revision and should be reviewed in its entirety.

2. Cancellation. COMSCINST 4490.1B

3. Definitions

a. Ship Critical Safety Item. Any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause a catastrophic or critical event resulting in loss of or serious damage to the ship, or result in unacceptable risk of personal injury or loss of life. MSC maintains a listing of ship critical safety systems and equipment, provided as enclosure (1).

b. Design Control Activity. : The organization specifically responsible for ensuring the seaworthiness of a ship or any ship equipment in which a critical safety item is to be used.

Design control includes ensuring that design, production, and performance standards are met for

DEPARTMENT OF THE NAVY

COMMANDER MILITARY SEALIFT COMMAND

471 EAST C STREET

NORFOLK VA 23511-2419

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-1372569596-278557689&term_occur=1&term_src=title:10:subtitle:A:part:IV:chapter:137:section:2319 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-2029774700-278557688&term_occur=1&term_src=title:10:subtitle:A:part:IV:chapter:137:section:2319 ship critical safety items. The Commander, MSC (COMSC), is responsible for ensuring the safety and mission performance of MSC ships and equipment. That COMSC authority is delegated to the MSC Engineering Director (N7), as the technical authority for MSC, is the

Design Control Activity for MSC.

4. Policy. For ship critical safety items, MSC shall enter into contracts only with sources qualified to produce and service such items. MSC Engineering Director (N7), as Design Control

Activity for MSC, shall advise COMSC, as the Head of the Contracting Activity (HCA) for

MSC, and MSC staff supporting HCA functions, regarding the qualification of potential vendors for any contract involving the procurement, modification, repair, or overhaul of ship critical safety items. MSC Contracting Officers and MSC Operating Companies shall ensure such contracts are negotiated only with sources that meet the qualification standards and have been approved by the Design Control Activity. The policy and procedures in this instruction by themselves do not qualify as blanket authority to justify non-competitive procurement. MSC and its Operating Companies will execute a written Justification and Approval whenever it uses non-competitive procedures to contract for the procurement, modification, repair, or overhaul of ship critical safety items.

5. Responsibilities

a. Director of Engineering (N7), as the MSC Design Control Activity, will:

(1) Identify ship equipment items that meet the criteria for designation as a ship critical safety item, and publicize that list of items for access and review by MSC contracting staff and by all potential vendors seeking to enter into a contract with MSC.

(2) Establish responsibilities and approve procedures for the qualification requirements for ship critical safety items in accordance with FAR Subpart 9.2 and the Federal Standardization

Manual, FSPM-0001 and Defense Standardization Manual 4120.24-M, Appendix 2, as amended by Military Standards 961 and 962, as referenced therein, and publicize those procedures for access and review by all potential vendors.

(3) Qualify and identify contractors and vendors meeting the criteria and standards required for ship critical safety items and maintain an official list of approved sources for each critical ship system or equipment. This qualification analysis and official list will be reviewed by N10 and N00L prior to establishment/update and maintained on the MSC Contracts

Procurement web page (https://procurement.msc.navy.mil), available to MSC staff and the public.

(4) Conduct the technical review and evaluation of an offeror or an offeror’s proposed subcontractor and their products and services, in MSC procurements of ship critical safety items and their repair, modification, and overhaul.

(5) Issue qualifying letters to contractors and vendors that satisfy the qualification requirements, as determined under Design Control Activity responsibilities and authorities.

https://procurement.msc.navy.mil/

(6) Examine and revalidate qualification requirements and the qualified manufacturers list at least every two years unless a waiver, pursuant to reference (a) paragraph (c) (2), is in effect.

(7) Evaluate unqualified offerors, who otherwise submitted a timely proposal, to determine whether the offeror or its product meets or can meet the established qualification standards before contract award, unless such evaluation prior to award would delay a proposed procurement.

(8) Publish, by electronic and other means, procedures and criteria required to be met by contractors and vendors requesting to be added to the approved source list, to ensure full access by all potential candidate contractors and vendors.

b. Program Managers (PM) will:

(1) Assist N7 in identifying items that meet the criteria for designation as ship critical safety items.

(2) Assist N7 in establishing criteria for the qualification requirements for ship critical safety items.

(3) Work with N10 per paragraph c. (3) below to assess and refer any contractors or vendors potentially capable of providing ship critical safety items to the Design Control Activity

(MSC N7) for technical review.

(4) Ensure that any requirement communicated to N10 provides notification of the potential inclusion in contract documents of ship critical safety items and the reference (f) clause.

c. Director of Contracting and Business Management (N10) will:

(1) Only contract with sources approved by the Design Control Activity (MSC N7) for ship critical safety items, and ensure that prime contractors are only offering subcontractors that have been approved by the Design Control Activity (MSC N7) as sources for ship critical safety items.

(2) Conduct market surveys via the GPE, at least annually, to identify vendors potentially capable of qualifying to provide and service ship critical safety items.

(3) Refer any requests for qualification or offers received from an unapproved source to the relevant Program and Design Control Activity (MSC N7) for technical review. The Design

Control Activity (MSC N7) will confer with the Program and evaluate whether the offeror or its product meets or can meet the established qualification standards before contract award, unless such evaluation would delay a proposed procurement.

(5) Include provisions in any source selection plan and solicitation specifying that the

Design Control Activity must review and approve any unapproved offeror’s proposal.

(6) Include the reference (f) clause in all solicitations and contracts when the acquisition includes one or more items [supplies and services] designated by the Design Control Activity as critical safety items.

d. Director of Logistics (N4) will:

(1) Refer any contractors or vendors potentially capable of providing ship critical safety items to the relevant Program and Design Control Activity (MSC N7) for assessment and technical review.

6. Records Management. Records created, as a result of this instruction, regardless of media and format, must be managed per Secretary of the Navy Manual 5210.1 of January 2012.

7. Review and Effective Date. Per OPNAVINST 5215.17A, N7 will review this instruction annually on the anniversary of the effective date to ensure applicability, currency, and consistency with Federal, DoD, SECNAV, and Navy policy and statutory authority using

OPNAV 5215/40 Review of Instruction. This instruction will automatically expire 5 years after the effective date unless reissued or otherwise canceled prior to the 5-year anniversary date, or an extension has been granted.

STEVEN C. CADE

Releasability and distribution:

This instruction is cleared for public release and is available electronically only via MSC Intranet

Publications Web site, https://msc.navy.deps.mil/policies/Pages/Directives.aspx https://msc.navy.deps.mil/policies/Pages/Directives.aspx

ENCLOSURE 1

Critical Ship Systems and Equipment

(1) 5.1 Ship Critical Safety Items: Any ship part, mission system, equipment, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause a catastrophic or critical failure resulting in loss of or serious damage to the ship; or unacceptable risk of personal injury or loss of life. Those ship critical safety items include:

(1) Main Propulsion Diesel Engines/Main Propulsion Motors/Gas Turbine Engines.

(2) Ship Service Diesel Engines/Ships Service Turbine Generators.

(3) High Pressure/Low Pressure Propulsion Turbines.

(4) Emergency Diesel Generators.

(5) Propulsion/Machinery Control Systems.

(6) Main Propulsion and Turbine Generator Reduction Gears.

(7) Propulsion Shafting, Bearings and Couplings.

(8) Controllable Pitch Propeller Systems.

(9) Stern Tube Seal Systems.

(10) Steering Gear Control Systems (not hydraulics).

(11) Electronic Chart Display Information System.

(12) Dynamic Positioning (DP2) System.

(13) Fixed Fire Extinguishing Systems/Fire Detection Systems (Note: American Bureau of

Shipping “Recognized External Specialist” documentation shall suffice for Fire Extinguishing

System qualified service providers).

(14) Oily Water Separator/Oil Content Monitors.

(15) Mission Equipment (Vehicle Ramps; Cargo Cranes; Cargo Hold Water Tight Doors and

Ramps) (structural, electronics and hydraulic control systems; not hydraulic components and hoses, and other common components).