J-A USNS MEDGAR EVERS TAKE 13 MTA FY21.Redacted.pdf

J&A No. N104-20-R-4112

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC).

2. Description of the Action Being Approved: This is a justification for work to be provided by Government-mandated subcontractors under the Work Items (WIs) listed below of the Statement of Work (SOW) for the Mid-Term Availability (MTA) of the USNS MEDGAR EVERS (T-AKE 13) under RFP N3220520R4112. This Justification covers only the portion of the acquisition, which an Original Equipment Manufacturer (OEM) Authorized Facility / Manufacturer / Representative is required and the approval level requirements will then only apply to that portion.

WIs

202 – Vulkan Coupling 205 – GE Energy and Power Conversion 206 – Fairbanks Morse Engine

207 – RENK

208 – RENK

209 - Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp 301 – GE Energy and Power Conversion 304 – Trident LLC/IMECO 326 – Fairlead Integrated Power and Controls 401 – Avaya Federal Solutions 451 – BAE Systems, MAETS, and Trivect-Avant 459 – Northrop Grumman Sperry Marine and NAVTECH Marine 503 – Appleton Marine 507 – Northrop Grumman - Maritime Systems/Mackay/NAVTECH

518 – PHEX

557 – TTS Marine

651 – FASSMER

653 – FASSMER

3. Description of Supplies/Services: MSC requires OEM authorized technical field service representatives and OEM parts to accomplish the requirements of the above WIs during a thirty one (31) day MTA. The estimated dollar value of the above WIs is , which will be funding utilizing FY 21 Navy Working Capital Funds (NWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c) (1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority: The use of required OEM authorized field technical service representatives and OEM parts for highly specialized equipment is necessary for mission essential purposes. The required OEM authorized field technical service representatives and OEM parts maintain mission critical ship safety equipment and systems, the failure of which could have serious consequences for deployed military forces and the crew on the vessel during deployments. COMSCINST 4490.1C refers.

Further, the required OEM authorized field technical service representatives and OEM parts are necessary to achieve the highest possible reliability, readiness and effectiveness required by MSC for the T-AKE class of vessels. The required OEM authorized field technical service representatives and OEM parts also maintain all OEM warranties, ensures equipment reliability, crew safety and applicable American Bureau of Shipping (ABS) and United States Coast Guard (USCG) certifications.

a. WI 202, VULKAN COUPLING ANNUAL INSPECTION

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A Control Number N104 Vulkan Coupling. American Vulkan is the OEM for American Vulkan Main Diesel Engine Flexible Couplings installed on MSC vessels.

b. WI 205, ANNUAL AUTOMATION ANNUALS

WI 301, CLEANING MAIN GENERATORS AND PROPULSION CONTROL SYSTEM

A GE Energy and Power Conversion representative is required to fulfill regulatory preventative maintenance on the propulsion motors and heat exchangers. GE Energy and Power Conversion is the OEM of this equipment and proprietary owner of the software and parts used to install, set-up and test operate the propulsion motor and associated equipment. It is essential that only GE Energy and Power Conversion provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations. GE Energy and Power Conversion holds the MSC IDIQ contract for service and parts under N00033-12-D-8023.

c. WI 207, MAIN DIESEL GENERATOR RENK PEDESTAL BEARING INSPECTION

WI 208, PROPULSION MOTOR RENK PEDESTAL BEARING INSPECTION

RENK Corporation is the OEM of these pedestal bearings holding proprietary rights, specialized tooling, knowledge and drawings to service the bearings. Historically, the bearing inspections have only been accomplished by RENK Corporation on T-AKE Class vessels. It is essential that RENK Corporation provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform the inspections.

d. WI 206, MAIN DIESEL ENGINE AUTOMATION ANNUALS

WI 209, MAIN ENGINE 9 CYLINNDER SERVICE

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A N104-T- AKE MPDE. The OEM of the 8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine (FME) and Motor Services Hugo Stamp are the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

e. WI 326, INTRUSION DETECTION SYSTEM GROOM

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. Use of the OEM maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

f. WI 304, CARGO AND AC PLANT INSPECT AND GROOM

The cargo refrigeration system OEM is Johnson Controls, Inc. (formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE Class of ships. Trident/IMECO, Inc is York International’s U.S. service representative and parts distributor. Each has access to proprietary information and drawings in support of the T-AKE cargo refrigeration system. This includes proprietary rights to the software and programming codes essential for repair and programming of the alarm sensor set points of the T-AKE cargo refrigeration system and Cargo Brine Defrost system. This system is essential to the mission capability of the vessel.

g. WI 401, PBX SYSTEM GROOM

Avaya is the proprietary provider for software and hardware of telephone Media Server configuration, installation, and administrating IP connectivity for T-AKE class. Use of terminal emulation application can only be accomplished by Avaya site administration.

h. WI 451, ANNUAL RADAR SERVICE

BAE Systems, MAETS, and Trivect-Avant are the only qualified companies that can perform shipboard maintenance of the military antennas outlined in the SOW. BAE Systems, MAETS, and Trivect-Avant can perform all required removals, testing, and reinstallations. OEMs have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the antennas and OE-570

SATCOM.

i. WI 459, ANNUAL ECHO SOUNDER SERVICE

WI 507, RENEWAL SURVEY OF LIFTING DEVICES OTHER THAN CARGO CRANES

Northrop Grumman Sperry Marine and NAVTECH Marine OEM representatives both possess the qualifications to maintain, troubleshoot and repair the T-AKEs Echo Depth Sounder. Each has the technical data and software required to maintain and adjust settings of these two systems. In order to meet USCG and ABS certifications, T-AKE Integrated Bridge System must be operational, and crew trained in the safe operations of the IBS. Both companies’ technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

j. WI 503, CARGO CRANE INSPECTION

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A Control Number N104 Appleton Marine. Appleton Marine is the OEM for Appleton Marine Crane Systems installed on MSC Vessels, including MSC Ships.

k. WI 518, HTFW COOLER CLEANING AND INSPECTION

PHEX is the OEM of GEA Eco flex GMbH HTFW Coolers, Model: AT805, B-20, Onboard the T-AKE Class of vessels. Approved MSC T-ALT No. 426 changed the design of the HTFW Cooler, which installs specially made REPLACEMENT GASKETS WITH EPDM TYPE that improves operating efficiency and reduces the maintenance cost associated with cleaning the HTFW Coolers. The specially made gasket prevents clogging of the cooler plates and allows for longer times between complete disassembly and cleaning of the cooler plates. Clogged gaskets could render the HTFW coolers useless and in turn make them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the HTFW Coolers. PHEX is the only known provider of OEM technical representatives and have been involved in all installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

l. WI 557, ANCHOR WINDLASS ANNUAL INSPECTION

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A Control Number N104 TTS Marine. TTS Marine is the OEM for the Anchor Windlass Equipment installed on MSC Vessels.

m. WI 651, ANNUAL LIFEBOAT AND DAVIT INSPECTION

WI 653, ANNUAL FAST RESCUE BOAT AND DAVIT INSPECTION

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Technical expertise required to review and test components of the ship's Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. SMS Number 10.6-002- ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment.

Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two boats put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel life and rescue boat systems. OEM holds proprietary technical data for repairs and adjustments of individual systems, Technical Manual

TS800-AH-MMC-010_0_0, LIFEBOAT, TOTALLY ENCLOSED, SELF-RIGHTING, FASSMER

TYPE owned by FASSMER, and proprietary technical data required to meet the SOW. Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to Fassmer for design and maintenance support. Only OEM can provide services as requested under the SOW to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, beta.SAM.gov website, with the intent of awarding a firm-fixed-price contract for the MTA availability to the lowest price technically acceptable offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor to perform the work in the related WIs.

7. 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 in accordance with FAR Part 15.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

R Signature Name (Printed) Phone No. Date

Legal Sufficiency Review:

I have reviewed this Justification and it is deemed legally sufficient.

ns

Contracting Officer Certification:

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

er

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above Justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

Name Date