JA for Comfort Jan 2021 MTA Redacted.pdf

J & A No.

N10420R7004

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 justification for work to be provided under

Work Items (WIs): 0291, 0502, 0507, 0556, 0591, 0592, 0693, 0781, 0782, 0785, and 0983 of the

Statement of Work (SOW) for the Mid Term Availability (MTA) of the USNS COMFORT (AH-20) under Request for Proposals (RFP) N3220520R7004. This Justification is covering 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. The justification applies to sole source, limited source and brand names only as indicated. Where an OEM has qualified additional companies to service the OEM’s equipment, this justification will embrace those companies as well. This justification does not preclude brand name or equivalent products where an OEM is not the sole source, but venders must proffer independent technical and engineering analysis sufficient to support assertion of equivalence, as MSC lacks the technical equipment and staff to perform such analysis.

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, which apply to critical ship safety systems, or items critical to the vessel mission. The estimated combined dollar value of the eleven (11) Work Items is that will be funded utilizing FY 21 Operation & Maintenance funds.

Work Items:

0291: Main Feed Pump Servicing

0502: Auxiliary Diesel Engine Turbo Charger Renewal

0507: Refurbish Auxiliary Diesel Engine Turbo Charger

0556: Inspect Deck Cranes

0591: Emergency Diesel Engine Servicing

0592: Auxiliary Diesel Engine Servicing

0693: Spider Lift Servicing

0781: O2N2 Producer Inspection

0782: O2N2 LPAC Inspection

0785: Medical Vacuum Pumps, Servicing and Valve Replacement

0983: Cathodic Protection System and Marine Growth Protection System Servicing

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1)

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 291, Main Feed Pump Servicing

This work requires a Coffin Turbo Pump Technical Representative to service the ship’s Main Feed

Pumps. The Main Feed Pumps are critical equipment per SMS #10.6-002-01-AH. 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, therefore precluding 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 0502, Auxiliary Diesel Engine Turbo Charger Renewal

This work item requires a MAN Diesel OEM or authorized representative to replace the installed turbochargers with government furnished turbochargers on two auxiliary diesel engines. These engines are classified as critical equipment per SMS #10.6-002-01-AH. An OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of critical equipment. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of a diesel engine results in loss of mission critical electrical power generation, which when at sea, affects crew, services, and vessel safety. 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, therefore precluding 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 0507, Refurbish Auxiliary Diesel Engine Turbo Charger

This work item requires a MAN Diesel OEM or authorized representative to shop refurbish the diesel engines’ turbo chargers in accordance with OEM standards. These engines are classified as critical equipment per SMS #10.6-002-01-AH. An OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of critical equipment. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of a diesel engine results in loss of mission critical electrical power generation, which when at sea, affects crew, services, and vessel safety. 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, therefore precluding 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 0556, Inspect Deck Crane

The Allied System and Palfinger deck cranes are utilized as davits to deploy and retrieve the ship’s utility boats, force protection boats, and personnel embarkation platform. These cranes are considered critical equipment per SMS #10.6-002-01-AH. An OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of critical equipment. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. Failure of an Allied crane results degraded mission support as the utility boats and platform deployed by these cranes are mission essential for transit of medical personnel and patients between ship and shore.

Failure of the Palfinger crane results in the inability to deploy and retrieve the two (2) force protection boats. The force protection boats provide vessel security at anchor and in overseas ports. 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, therefore precluding 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 0591, Emergency Diesel Generator Servicing

MAN Diesel is the OEM for the Emergency Diesel Generator (EDG). The EDG is classified as critical equipment per SMS #10.6-002-01-AH. An OEM or MSC recognized technical representative is required to perform or supervise maintenance and repairs of critical equipment. 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. If incorrectly installed or utilizing deficient parts could cause system failure resulting in loss of emergency electrical generation capability. 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, therefore precluding 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 0592, Auxiliary Diesel Engine Servicing

This work items requires an MAN Diesel OEM or authorized service representative to service the ship’s three (3) Auxiliary Diesel Engines. The auxiliary diesel engines are classified as critical equipment per SMS #10.6-002-01-AH. An OEM or authorized technical representative is required to perform and/or supervise maintenance and repairs of critical equipment. 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. If incorrectly installed or utilizing deficient parts could cause system failure at sea resulting in loss of electrical generation capability. 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, therefore precluding 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 0693, Spider Lift Servicing

The work item requires an authorized service provider to inspect and recertify the spider lift baskets.

The spider lift baskets are safety equipment needed for aerial maintenance or similar situation. Only an authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of certified spider lift baskets can result in the inability to perform aerial maintenance thereby creating an unsafe situation for crew. An authorized representative will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and

h. WI 0781: O2N2 Producer Inspection

The work item requires a Cold LLC Technical Representative to inspect and service the O2N2 system’s oxygen producers. The O2N2 System generates and provides Oxygen and Nitrogen to support medical treatment of patients the Medical Treatment Facility onboard. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of the O2N2 System will severely reduce the ability of the Medical Treatment Facility to treat patients, the primary mission of the vessel.

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, therefore precluding 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.

i. WI 0782: O2N2 LPAC Inspection

The work item requires an Ingersoll Rand Technical Representative to inspect and service the O2N2 system’s low-pressure air compressors (LPACs). The O2N2 system generates and provides Oxygen and

Nitrogen to support medical treatment of patients the Medical Treatment Facility onboard. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of the

O2N2 System will severely reduce the ability of the Medical Treatment Facility to treat patients, the primary mission of the vessel. 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, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and

j. WI 0785: Medical Vacuum Pumps, Servicing and Valve Replacement

The work item is for the OEM BeaconMeadaes representative to service the medical treatment facility’s medical vacuum pumps. Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The loss of the medical vacuum pumps will severely reduce the ability of the medical staff to treat patients, the primary mission of the vessel. The 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, therefore precluding 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.

l. WI 0983, Cathodic Protection System and Marine Growth Protection System Servicing

This work item is for the OEM Wilson Walton to service the cathodic protection system and the marine growth 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 result in accelerated corrosion of the ship’s hull. Loss of the marine growth protection system would result in the accelerated clogging of critical seawater cooling systems, which may degrade the ship’s propulsion, electrical generation, and medical systems reliant upon seawater cooling. The 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, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and

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 willbe 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.