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JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as Competition Advocate, hereby approve the use of other than full and open competition for the proposed contractual action pursuant to the authority cited herein:

1. Contracting Activity: Military Sealift Command (MSC), Services Branch (N1023)

2. Nature and Description of the Action: MSC has an existing contract in place to design, manufacture, and replace the Main Reduction Gears (MRG) on all four (4) T-AOE 6 Class ships. MSC requests engineering and technical support services as a subject matter expert (SME) in the technical review for the design and manufacture of new T-AOE reduction gears related to the existing MRG replacement contract. This will be an indefinite delivery-indefinite quantity (IDIQ) contract with one (1) option period. Task Orders issued under this contract will be Firm-Fixed-Price (FFP). The total estimated contract value is $233,932.00 inclusive of all options. The breakdown for each period of performance is as follows:

3. Description of the Supplies/Services: The Contractor shall provide specialized engineering services to assist MSC’s project team during the manufacturing and final Contract Data Requirements List (CDRL) review portions of the MRG replacement contract. The Contractor shall perform a detailed technical evaluation of required design products submitted by the MRG vendor, with a recommendation for acceptance/approval. The technical evaluation review shall include (but not be limited to) a review of the following:

· CDRL’s for final gear or pinion acceptance

· Requests for deviation from specifications

· Engineering analysis or technical correspondence

· New information regarding Barkhausen Noise Analysis (BNA) methods relevant to the acceptability of the MRG vendor’s form ground gears.

4. Statutory Authority: 10 U.S.C. 2304(c)(1) implemented at FAR 6.302-1(a) (2), provides the statutory authority to limit competition to other than full-and-open competition as only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Supporting Use of the Authority: Pursuant to FAR 6.302-1(a) (2), Gary P. Mowers Inc. (Mowers), specifically their employee Mr. Mowers, is the only contractor that can satisfy the necessary requirements. The tasks require specific knowledge of the T-AOE 6 Class Main Reduction Gears (MRG). Mr. Mowers is extremely knowledgeable with the existing MRGs to include both its capabilities and limitations, and has been a vital asset to MSC whenever involved with the ship class, operationally and from an engineering perspective. Furthermore, Mr. Mowers is distinguished from other subject matter experts (SMEs) as a result of his involvement with the AOE class ships for the past eight years. Specifically, he has extensive knowledge regarding the design and manufacturing of the MRGs.

Most importantly, Mr. Mowers is the only individual that can assist in fully supporting the design, inspection, manufacturing, and installation of the MRGs on the vessels. He was the primary author in the development of RFP N00033-06-R-8002 which resulted in the award of Contract N00033-08-C-7501 for the work being supported in this requirement. Mr. Mowers is the only person to fully understand the requirements for the MRGs and what will be required to install them on board MSC’s vessels. Therefore, contracting with Mowers on a sole source basis provides MSC with Mr. Mowers’ unique qualifications and will allow MSC to successfully execute the MRG contract, reducing the chance of cost overruns and schedule slippages.

6. Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: The proposed contract action will be executed pursuant to FAR 6.302-1(a)(2), as services are deemed to be available from only Gary P. Mowers, Inc. In addition, pursuant to FAR 5.203 (a)(1), the Contracting Officer has established a shorter period for issuance since this requirement is commercial in nature, therefore the proposed contract action will be synopsized and posted for 10 days. Potential Offerors will be afforded a reasonable opportunity to respond to this proposed contract action.

7. Contracting Officer’s Fair and Reasonable Determination: The Government’s independent cost estimate, historical pricing data, and labor rates from various GSA e-buy engineering schedules will be used for comparison purposes.

8. Description of Market Research Conducted: None. As described above, Mr. Mowers has extensive and unique knowledge in working with the T-AOE Class MRGs. Additionally, pursuant to FAR 5.203, the proposed contract action will be synopsized to afford any potential offerors a reasonable opportunity to respond.

9. Other Facts Supporting Use of Other Than Full and Open Competition: None

10. List of Sources that Expressed Interest in Writing: None

11. Action Planned to Remove or Overcome Any Barriers to Competition Prior to Subsequent Acquisitions: If a similar requirement arises, the industry and market will be reevaluated. Although it is likely that a justification for sole-source may once again be necessary, removal of competition barriers will be pursued. Efforts to remove competition barriers will include conducting market research and synopsizing the proposed solicitation. Based on the information received from these efforts, a decision will be made in regards to the planned action for the procurement.

TECHNICAL AND 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 Cognizance

(Signature)_______________________________________________________________________ Date Code Phone

Requirements Cognizance

(Signature)_________________________________________________________________________ Date Code Phone

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR 6.303-2(a)(12)

I certify that this justification, including its supporting Acquisition Plan No. N1023-10-0003 is accurate and complete to the best of my knowledge and belief.

(Signature)_______________________________________________________________________ Date Code Phone

LEGAL REVIEW REQUIRED BY NMCARS 5206.303-90

I have reviewed this justification and it is deemed to be legally sufficient.

(Signature)_______________________________________________________________________ Date Code Phone

COMPETITION ADVOCATE APPROVAL:

(Signature)_______________________________________________________________________ Date Code Phone image1.wmf oleObject1.bin

IN REPLY REFER TO

DEPARTMENT OF THE NAVY

COMMANDER, MILITARY SEALIFT COMMAND

914 CHARLES MORRIS CT SE

WASHINGTON NAVY YARD DC 20398-5540