J_A APACHE ROH FY21_Redacted.pdf

J & A No. N10421R6500

JUSTIFICATION AND APPROVAL (J&A) FOR USE 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: This is a sole or limited source justification for work to be provided under Work Items (WIs): 0201, 0287, 0459, 0490, 0584, 0597, 0903, and 0962 of the Statement of Work (SOW) for the Regular Overhaul and Dry-docking (ROH) of the USNS APACHE (ATF-172) under Request for Proposals (RFP) N3220521R6500. This Justification is covering only the portion of the acquisition, which is brand name, or otherwise sole source and the approval level requirements will then only apply to the portion.

3. Description of Supply Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field representatives and OEM parts to accomplish requirements of WIs listed below. The estimated combined dollar value of the seven (7) Work Items is that will be funded utilizing FY 21 Operation & Maintenance funds.

Work Items:

0201: Controllable Pitch Propeller System Servicing 0287: Automation and Propulsion Control Inspection and Test 0459: Echo Sounder Maintenance 0490: Speed Log Servicing 0584: Reverse Osmosis Unit Inspection 0597: Diesel Oil and Fuel Oil Purifier Servicing 0903: Bow Thruster System Servicing 0962: Cathodic Protection System Servicing

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C. 2304 (c)(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. Rationale Justifying Use of Cited Authority (Unique capabilities and technical data per FAR 6.302.1(b)):

a. WI 201, Controllable Pitch Propeller (CPP) System Servicing This work requires a Propulsion System Incorporated Technical Representative CPP system. The CPP system is a critical vessel safety system per SMS #10.6-002-01-ATF. An OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as critical. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

b. WI 287, Automation and Propulsion Control Inspection and Test This work requires a Fairlead Integrated Power and Controls Technical Representative Automation and Propulsion and Control system. The Automation and Propulsion and Control system is a critical vessel safety system per SMS #10.6-002-01-ATF. An OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as critical. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

c. WI 0459, Echo Sounder Maintenance Furuno is the OEM for the Fathometer. The Fathometer is classified as critical equipment per SMS #10.6- 002-01-ATF. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure and loss of depth detection at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company.

Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

d. WI 0490, Speed Log Servicing Furuno is the OEM for the Speed Log system. The Speed Log is classified as critical equipment per SMS #10.6-002-01-ATF. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure and loss of Vessel Speed detection at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company.

Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

e. WI 0584, Reverse Osmosis Unit Inspection This work requires an OEM authorized Parker Sea Recovery service representative to inspect reverse osmosis (RO) unit. Parker Sea Recovery has the sole rights to the RO unit drawings. The RO is

. Failure of the unit would severely ission endurance. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties, ensures equipment reliability, and precludes consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

f. WI 0597, Diesel Oil and Fuel Oil Purifier Servicing

Oil Purifier. The Main Propulsion Diesel Oil and Fuel Oil Purifier is critical equipment per SMS #10.6- 002-01-ATF. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause failure of the Diesel Oil and Fuel Oil Purifier equipment and loss of oil and water separation capability increasing the likelihood of an equipment casualty at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties, ensures equipment reliability, and precludes consideration of a product manufactured by another company.

Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

g. WI 0903, Bow Thruster Servicing This work requires a Brunvoll USA OEM, Ships Machinery International (SMI) Technical Representative

Bow Thruster. The Bow Thruster is critical equipment per SMS #10.6-002-01-ATF, and an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as critical. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause system failure at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company.

Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

h. WI 0962, Cathodic Protection Wilson Walton is the OEM for the Cathodic Protection System. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly, installed or deficient parts could cause failure of the cathodic protection equipment and loss of hull protection capability increasing the likelihood of accelerated hull steel wastage. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, and precludes consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

4. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The requirement has been synopsized at the Government Point of Entry (GPE), Contract Opportunities (formerly FedBizOpps) website, and the Government intends to post an 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. Any prospective contractor will be required to use the OEM or OEM Authorized vendor as a subcontractor to perform the work in the related WIs.

5. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

6. Actions to Removed Barriers to Future Competition: For reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. If the prime contractor identifies an alternate source fully qualified by technical expertise, experience, and access to OEM parts and technical data, the prime contractor must submit its analysis and documentation supporting the alternate source to the Contracting Officer no later than the closing date for clarifications as stated on the solicitation.