JA Buffalo Pumps FBO Post.docx

J&A Control Number: N104 Buffalo Pumps

CLASS JUSTIFICATION AND APPROVAL (J&A)

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: Award of contracts and purchase orders on a sole source basis for Buffalo Pump parts and technical representative services in support of MSC vessels. Buffalo Pumps is the sole supplier of these parts. The authority to act under this class justification expires on March 31, 2019.

3. Description of Supplies/Services: MSC requires Original Equipment Manufacturer (OEM) parts and services to support overhaul and repairs of Buffalo Pumps installed aboard MSC vessels. The actions executed under this class J&A have an estimated value of $X,XXX,XXX.XX using fiscal year (FY) 2018 and 2019 United States Navy Working Capital Funds (NWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for commercial procurements greater than $150,000.00 will be 41 U.S.C. 1901€(2) as implemented by FAR Part 13.501(a), Simplified Procedures for Certain Commercial Items, Sole Source—including Brand Name. Section 815 of the National Defense Authorization Act (NDAA) of Fiscal Year 2015 makes this authority permanent. The statutory authority for simplified acquisitions less than $150,000.00 will be FAR 13.106-1.

5. Rationale Justifying Use of Cited Statutory Authority: Buffalo Pumps is the Original Equipment Manufacturer for critical pumps installed on MSC vessels, including MSC ships and any other Government owned or Government chartered ships designated by MSC. The types of pumps include, but are not limited to: fire pumps, seawater pumps, ballast pumps and variety of auxiliary pumps. These pumps are categorized as critical equipment mainly due to the integration into other critical systems and supplies cooling water for other critical machinery and/or sea water for firefighting onboard MSC Vessels. This action covers maintenance and procurement of Buffalo pumps for MSC Vessels on a worldwide basis. Maintenance may include, but is not limited to, appraisals, groom, inspections, life cycle management, overhauls, refurbishment, repairs, reports, tests, and upgrades.

Regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this shipboard equipment by an authorized OEM representative (Buffalo Pumps). In addition, MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1. In addition, Buffalo retains the rights to all design drawings, tolerances, and original parts for the pumps. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM pumps is not known to MSC. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the pumps installed on MSC vessels. Any work performed by any company other than the OEM would void warranties on this equipment.

Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems as critical equipment. Failure of pumps would affect operation of the propulsion and auxiliary and safety equipment and restrict the ship to port unable to perform its required mission. Proper refurbishment and maintenance of the installed pumps are critical to the safe operation of MSC vessels.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: IAW FAR 5.201(b)(1)(i), the Government intends to issue a synopsis and solicitation on FEDBIZOPPS for each separate procurement, with the intent of awarding a firm fixed price contract or purchase order.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the contract prices to be fair and reasonable using price analysis techniques described in FAR 13.106-3 or 15.404-1, as appropriate on a per solicitation/contract basis.

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of supplies/services covered by this document, and there are no actions planned to remove or overcome the brand name requirement. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.

9. Description of Market Research Conducted: A sources sought (SS) notice was posted on the FEDBIZOPPS website on 15 November 2016 and closed 9 December 2016. The SS respondents were required to demonstrate the ability to provide the required items or alternative solutions that are compatible with the existing Buffalo Pump pumps. One (1) response was received from Buffalo Pumps. To date, there has been no indication of changes in the market for providing parts and services for these pumps.

10. List of Sources that Expressed Interest in Writing: To date, no qualified sources, other than Buffalo Pumps, have expressed an interest in writing. However, when applicable, requirements will be advertised through FEDBIZOPPS.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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.

Technical/Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

COMPETITION ADVOCATE

Upon the basis of the above justification, I hereby approve as the Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition.