J A_FBO.docx

MILITARY SEALIFT COMMAND NORFOLK SP64 471 EAST C STREET NORFOLK, VA 23511-2419

24 June, 2014 N103-14-T-3024

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) - Norfolk.

2. Nature of Action: Award of a contract on a sole source basis for technical support for the Annual Inspections of the FASSMER Lifeboats, Rescue Boats and Accommodation Ladders onboard the T-AKE CLASS of ships listed in paragraph (3) below.

3. Description of Supplies/Services: The action is submitted for the USCG/ABS/SOLAS required annual inspections of the FASSMER Lifeboats, Rescue Boats, Associated Davits and Accommodation Ladders onboard the T-AKE CLASS of ships under other than full and open competition as a sole source. A sole source firm fixed price type purchase order is anticipated for award to Fassmer Service America, LLC (FAR 13.501(a)). This procurement is a FAR Part 12 acquisition being conducted under FAR Subpart 13.5 Test Program. The required completion date is 30 September 2015, at an estimated price of $426,500.00 using FY15 funding.

LOCATION

PLANNED PERIOD OF

PERFORMANCE DATES

4. Statutory Authority: The authority permitting other than full and open competition is as implemented by Federal Regulations (FAR)13.501(a)(1)(i) and (ii) under the test program for commercial items, section 4202 of the Clinger-Cohen Act of 1996.

5. Rationale Supporting Use of Authority Cited Above: Fassmer Service America, LLC is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Restrictive rights include access to business sensitive technical manuals, drawings, and the ability to procure parts directly from the OEM. Technical expertise required to review and test components of the ship’s lifeboats, rescue boats, associated davits, and accommodation Ladders. Fassmer Service America, LLC holds proprietary technical data for repairs and adjustments of individual systems, and proprietary technical data required to meet the Statement of Work. Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders are unique commercial systems that were provided to the shipbuilder NASSCO via contract to Fassmer for design and equipment installed onboard the T-AKE Class. Only OEM can provide services as requested under Statement of Work to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems. MSC does not have the manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. The OEM rep has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

T-AKE lifeboats, rescue boats, with associated davits, and accommodation ladders, require technical expertise, and proprietary drawings unique to these boats; only the OEM is authorized to work on the lifesaving equipment. The OEM has access to provide parts and technical data / drawings as required by USCG and ABS certification for maintenance as noted under SOW. It is essential to provide OEM evaluation as it required by ABS/SOLAS/USCG requirements. The ship would not be able to sail if these inspections are not done by the approved OEM provider. SMS Number 10.6-002-ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment. Failure of this equipment may force the ship to issue a CASREP, and may immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two lifeboats or rescue boats put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel lifeboat & rescue boat systems and also for the safety of the crew.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: The Government intends to post a request for quote (RFQ) at the Government Point of Entry, FedBizOpps website, on or before 15 October 2014 with the intent of awarding a firm-fixed-price contract to FASSMER.

7. Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is determine fair and reasonable pursuant to Federal Acquisition Regulations (FAR) Part 13.106-3(a)(2).

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in paragraph 5, MSC Norfolk has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, MSC Norfolk will assess at that time whether competition for future requirements is feasible.

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