JandA Redacted.pdf

J&A No. N104-21-R-4170

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) Norfolk

2. Description of the Action Being Approved: Award of a contract on a competitive basis using sole source or limited source subcontracting for the Regular Overhaul and Dry-Docking (ROH/DD) of the USNS ZEUS (T- ARC 7) under Request for Proposals (RFP) N32205-21-R-4170. This Justification is covering only the portion of the acquisition which is brand name, or otherwise sole or limited source and the approval level requirements will then only apply to that portion.

3. Description of Supply Services: To accomplish requirements of WIs listed below. The estimated combined dollar value is $, that will be funded utilizing fiscal year 2022 Navy working capital funds.

ITEM NO. TITLE CAT A ITEM Brand Name/Source Critical

System Cost

CATEGORY “A”

200 PROPULSION MACHINERY

202 INSPECT MAIN PROPULSION MOTORS GE Energy Y $ 208 MDG REILIANT MOUNT REPLACEMENT Marine System, Inc. Y $

400 COMMUNICATIONS AND NAVIGATION

402 RADAR AND ECXDIS ANNUAL INSPECTION J&L Marine Y $ 403 GYRO COMPASS AND STEERING SERVICE Sperry Marine Y $

500 AUXILIAARY MACHINERY

510 OWS ANNUAL INSPECTION GEA Westfalia Separator

Division

600 HABITABILITY OUTFIT AND FURNISHING

605 CARGO ELEVATOR INSPECTION AND

CERTIFICATION

PaR Marine Services, LLC $

607 ANNUAL RESCUE BOAT AND DAVIT INSPECTION Fassmer Service America, LLC

608 ANNUAL LIFEBOAT AND DAVIT INSPECTION Fassmer Service America, LLC

609 FORWARD CRANE REPAIR AND ANNUAL

CERTIFICATION

Allied System, Inc. $

620 AFT CRANE REPAIR AND ANNUAL

CERTIFICATION

Allied System, Inc. $

700 SPONSOR RELATED

702 SBP120 and EM122 Topside Electronics Upgrade REV C

(2) Kongsberg Underwater Technologies Inc./Imtec

Group, LTD

Y $

703 Mission IDS Upgrade REV B Custom Panel and Controls Y $ 704 DC Computer Upgrade WI REV A Teledyne Inc./Kongsberg

Maritime, Inc.

Y $

705 ADCP Refurbishment WI REV B Teledyne Inc. Y $ 706 CCTV Camera Upgrade REV C Kongsberg Underwater

Technologies Inc./Imenco Marine

Y $

707 HiPAP Refurbishment WI B Kongsberg Underwater Technologies Inc.

Y $

TOTAL $

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

Responsible Source or Limited Number of Responsible Sources and no other type of property or service will satisfy the needs of the agency.

5. Rationale Justifying Use of Cited Authority {Add additional paragraphs if further justification is needed}

a. For WI’s listed above as critical systems:

These WIs require the listed brand name authorized or an MSC-authorized field service technician to perform the services and provide the materials. The affected equipment is designated as ship critical safety items by the design control activity as identified in COMSCINST 4490.1(Series). Only authorized field service technicians have access to proprietary technical data and have the expertise to identify and provide direct replacement parts for existing equipment, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Improperly installed or deficient parts could cause system failure and loss of the affected system or equipment while at sea.

b. For WI’s listed above not designated as critical, but still has restrictive rights:

These WI’s require the listed brand name authorized or an MSC-authorized field service technician to perform the services and provide the materials. Only authorized field service technicians have access to proprietary technical data and have the expertise to identify and provide direct replacement parts for existing equipment, which must be compatible in terms of form, fit, and function with existing equipment or configurations. This ensures equipment reliability. Improperly installed or deficient parts could cause system failure and loss of the affected system or equipment while at sea.

6. SDescription of Efforts Made to Solict Offers from as Many Offeroes as Practicable: The proposed contract was synopsized on the Beta.SAM website 25 May 2021 MSC perpetually seeks submissions from non-OEM contractors for consideration of qualification of their parts and/or services as an acceptable alternative to the OEM at https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for- Items-Critical-to-Shipboard-Safety-on-MSC-Vessels/. The Government intends to post a competitive 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. The contractor will be required to subcontract OEM-authorized or MSC-authorized field service technicians to perform the work in the related WIs.

7. Determination of Fair and Reasonable Cost: The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable IAW FAR 15.404- 1(b)(2).

8. Actions to Remove Barriers to Future Competition: For reasons set forth in paragraph 5, MSC has no plans at this time to allow for competitive subcontracting in future contracts for the types of supplies/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 in section L of the solicitation.

https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-Safety-on-MSC-Vessels/ https://www.msc.usff.navy.mil/Business-Opportunities/Contracts/Qualification-for-Items-Critical-to-Shipboard-Safety-on-MSC-Vessels/

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.

Signature/Date Name (Printed) Phone No.

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:

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