JA_14-R-8008.pdf

DEPARTMENT OF THE NAVY

MILITARY SEALIFT COMMAND

914 CHARLES MORRIS CT SE

WASHINGTON NAVY YARD DC 20398-5540

N102-14-R-8005

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Military Sealift Command, Services and Ship Support Division (N102).

2. Description of the Action Being Approved.

Award of a contract, a portion of which will require the Contractor to provide the Government with brand-name products manufactured by Kittiwake Developments, Ltd.

3. Description of the Supplies/Services.

The proposed contract is for the provision of fuel oil and lubricant oil sampling materials and testing equipment to MSC vessels worldwide in support of the Command’s fuel oil and lube oil analysis and testing programs. These products are necessary to ensure compliance with both internal and external policies, including the Maritime Pollution Act.

While a majority of the supplies provided under the proposed contract are described using salient characteristics to allow for competitive sourcing, the following Kittiwake components and consumables are the only products currently compatible with MSC’s Kittiwake Oil Test Center (OTC) units:

a. Kittiwake Unheated Viscometer

b. Kittiwake Water-In-Oil Test Cell

c. Kittiwake TBN Test Cell

d. Kittiwake Insoluble Test Cell

The proposed contract’s period of performance will begin on or about 01 August 2014. Completion of the contract is scheduled for 31 July 2019, if all options are exercised. The estimated total value of these brand-name supplies required is estimated at $356,400.77 as follow:

considerations of a product manufactured by a company other than Kittiwake Developments, Ltd.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The proposed contract was synopsized on FEDBIZOPPS website on 23 August 2013 with the subject brand-name requirements and no source identified substitute products compatible with existing Kittiwake OTC Units. In an effort to identify competitive interest, Military Sealift Command, Services and Ship Support Division published market survey N1023-13-0020 to FEDBIZOPPS and MSC’s Procurement website on 20 September 2013 requesting information on products equal to the Kittiwake components and consumables, or compatible with the existing Kittiwake OTC units. No responses were received when the market survey closed on 30 September 2013. Additionally, the requiring code, N712, contacted the current contractor, Chase Supply, Inc., and Kittiwake Developments, Ltd., seeking information on compatible components and consumables. No products were identified, and N712 has determined that no companies other than Kittiwake Developments, Ltd., produce compatible products. The lack of any responses to the aforementioned synopsis and market survey validates N712’s determination.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer anticipates that the anticipated cost to the Government of supplies covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

N712 anticipates phasing out the Kittiwake OTC units throughout the performance period of the forthcoming contract. As such, MSC has no plans at this time to compete future requirements for the types of supplies covered by this document. It is anticipated that N712 will continue seeking other potential sources in the event that the Kittiwake OTC units are required to remain in the Fleet. If others potential sources emerge, N712 will assess whether competition for the follow-on requirement scheduled for August 2019 is feasible.