J-A_-_ROH-DD_USNS_RICHARD_E__BYRD__AMENDMENT_0001_-_REDACTED.pdf

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N104-15-R-3000

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDMENT 0001

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

2. Description of the Action Being Approved: This is a brand name justification for work to be provided by

Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Regular Overhaul (ROH)/Dry-Dock (DD) of the USNS RICHARD E. BYRD (T-AKE 4) under

RFP N32205-15-R-3000. This Justification is covering only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion. Authority to act under this

J&A expires on October 31, 2015.

Work Items (WI)

102 - Federal Equipment Company

201 - Fairbanks Morse Engine/ MSHS Motor Services Hugo Stamp

301 - GE Power Conversion

302 - Cadick Corporation , Point Eight Power, PowerGen Controls

303 – Fairlead Integrated Power & Controls, PowerGen Controls

304 - Point Eight Power

401 – FURUNO

405 – Northrop Grumman Sperry Marine

503 – SIEMENS

510 - GEA PHE Systems North America Inc.

606 - Fassmer Service America, LLC.

805 - IMECO

806 - IMECO

904 - Wartsila Defense / Thordon Bearing / Diehl Engineering / Maritech LLC

905 - Wartsila Defense

907 - Wartsila Defense

910 - SIEMENS

911 - Emerson TZE / Valve Automation and Control / Automatic Controls of VA

912 - Emerson TZE / Valve Automation and Control / Automatic Controls of VA

923 - Wartsila Defense

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of the above mentioned WIs during a 45-day ROH/DD availability. The estimated dollar value of the 20 WIs is

$1,851,850.00, which will be funded utilizing FY 15 Operations & Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority:

a. WI 102 - Roller Curtain Cargo Door Mods (T/A 361)

To comply with fit, form and function of the existing Federal Equipment Co. roll-up doors Model

Number 6744M01 installed on the T-AKE Class vessels, bottom bar weather sealing kits per Federal

Equipment Company’s proprietary drawing WD0300 Rev A are required. Federal Equipment

Company is the only company that can provide the material specified in the engineering design as identified in Federal Equipment Company drawing WD0300 Rev A. A change in material specification would result in a complete re-design effort and approval process which would entail a multi-year design process and would not conform to all other roll-up doors installed across the class.

The Federal Equipment Company drawing is proprietary. Any deviation from OEM parts could result in personal injury or equipment failure and damage to the roll-up doors. OEM parts are required to meet regulatory requirements of the U.S. Coast Guard and the American Bureau of Shipbuilding

(ABS) and Naval Air Command (NAVAIR). The SMS procedure number relating to this procurement is 10.6-002-All-Identification of Critical Equipment.

b. WI 201 - MDE No.1 & 4, 6K HR MAINTENANCE

Fairbanks Morse Engine (FME) and MSHS Motor Services Hugo Stamp are the only OEM approved

Companies with experience with MAN B&W 48/60 engines in the T-AKE Class ships. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts or programming services offered are equivalent to what the OEM can provide. This work item requires specialized programming and technical expertise unique to this equipment; only approved OEM parts are authorized to program this highly sophisticated equipment.

The OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

c. WI 301 - Clean Propulsion Motor and Cooler Cleaning

GE Energy and Power Conversion representative is required to fulfill regulatory preventative maintenance on the propulsion motors and heat exchangers. GE Energy Power Conversion is the

Original Equipment Manufacturer (OEM) of this equipment and proprietary owner of the software and parts used to install, set-up and test operate the propulsion motor. It is essential that only GE Energy

Power Conversion provide installation service for this equipment. There is no other known source for the installation, set-up and test operation of these pre-heater valves. No other provider is able to provide the necessary architecture software and hardware as a complete package with installation and training. GE Energy holds the MSC IDIQ contract for service and parts under N00033-12-D-8023.

The cleaning of the propulsion motors and heat exchangers are required for USCG/ABS special surveys.

d. WI 302 - HV-SS-E Switchboard Cleaning and Maintenance

Cadick Corporation, Point Eight Power and POWERGEN are the only authorized OEM representatives with the knowledge and expertise to provide the specialized cleaning outlined in the SOW. These are the only vendors who have the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations.

e. WI 303 PLC Survey - PLC Survey

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. POWERGEN Controls, an authorized service representative has access to parts and technical data from the OEM. USCG and ABS regulation requires use of OEM parts and services. Use of either the OEM or POWERGEN Controls maintains all

OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

f. WI 304 HV - Jumper Cable Replacement (T/A-428)

Point Eight Power is the owner of the proprietary rights to the high-voltage load centers installed throughout the T-AKE class ships. The use of the OEM is paramount to maintain the integrity of the load canters and associated jumper cable assemblies. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the high-voltage load centers and associated jumper cables are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission. OEM parts and services are required to ensure the safe and continuous operation of these ship’s critical systems.

g. WI 401 – GMDSS Upgrade T-ALT 337 Furuno Electric Co. LTD is the OEM/designer of the existing

Global Maritime Distress and Safety System (GMDSS) for a new GMDSS, that is also designed by

Furuno, is replacing. The OEM holds the rights to the systems Model Number, Dual FS2570 & FS-

5000 that currently exists onboard. The GMDSS performs several pertinent actions for commutation with other ships like distress alerting, search and rescue, maritime safety information broadcast and bridge-to-bridge communications. ABS and MSC Washington approved and Furuno is required to perform final system groom and operation. The GMDSS component is required to maintain system configuration across the T-AKE class.

h. WI 405 – Radar & Visionmaster VMFT Upgrade (TALT 224/347)

The Electronic Chart Display and Information System (ECDIS) is serviced, designed and manufactured by Sperry. Sperry is the OEM and has proprietary knowledge unavailable to others regarding their equipment. Proper functioning of this equipment is necessary for the safe navigation of the vessel. USCG will not let the ship sail if equipment maintained by this work item is not operational. This makes it critical to have qualified personnel with access to manufacturers data maintain and repair this equipment. Sperry Tech rep has access to the navigational electronic programming, parts, and service upgrade records that other companies do not have. The navigational equipment design was developed to meet ABS requirements for NIBS notation. This requires bridge components be integrated into a single navigational system. Sperry is the designer and installer of the

T-AKE Class integrated bridge system (that includes the ECDIS).

i. WI 503 - Chloropac BFA Installation

Siemens Technology is the OEM/designer of the existing Marine Growth and Corrosion Control

(MGCC) system that the Chloropac System, designed by Siemens, is replacing. The OEM holds the rights to the systems Model Number W2T110876, W2T110866, W2T110875, W2T110865, W2T110877 & W2T110867 that currently exists onboard. The BFA analyzer component is ABS and

MSC Washington approved and Siemens is required to perform final system groom and operation.

The BFA analyzer component is required to maintain system configuration across the T-AKE class.

j. WI 510 – LTFW Cooler Cleaning

The LTFW cooler parts and service are available from the Original Equipment Manufacturer (OEM), GEA PHE Systems North America Inc. of York, PA. or its authorized manufacturer’s representatives.

Per the requirements of SMS 10.6.-002, the SAMM maintenance module for the T-AKE Class lists the

LTFW Coolers as critical equipment. SMS procedures 7.2-001 and 7.4.007 sets guidelines for the minimum number of Main Diesel Engine’s (MDG’s) required to be operational in stand-by or on-line during maneuvering, open water transit, and Underway Replenishment. The LTFW Coolers are critical to the operation of the Main Diesel Engines. Any deviation from OEM the use of OEM parts or service could result in personnel injury, loss of life, or catastrophic equipment failure. OEM parts and service are required to meet regulatory requirements of the U. S. Coast Guard and the American

Bureau of Shipbuilding (ABS). MSC did not purchase the proprietary drawings or technical data rights nor does it possess the technical expertise to determine if non-OEM parts are suitable replacements for OEM equipment or non-OEM service providers are qualified to service the plate coolers on the T-AKE dry cargo ships.

k. WI 606 – Lifeboat and Rescue Boat Release Hook Upgrade T-ALT 376

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Technical expertise required to review and test components of the ship's

Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. SMS Number 10.6-002-

ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment.

Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two 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 life and rescue boat systems. OEM holds proprietary technical data for repairs and adjustments of individual systems, Technical Manual TS800-AH-MMC-

010_0_0,LIFEBOAT, TOTALLY ENCLOSED, SELF RIGHTING, FASSMER TYPE owned by

FASSMER, and proprietary technical data required to meet the Statement of Work. Lifeboats, Rescue

Boats, associated davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to Fassmer for design and maintenance support.

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.

l. WI 805 IMECO Chillers Shipyard Support (T-ALT 319), and WI 806 IMECO HVAC Shipyard

Support(T-ALT 319)

The cargo refrigeration system original equipment manufacturer (OEM) is Johnson Controls, Inc.

(formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE class ships.

IMECO, Inc. is York International’s United States service representatives and parts distributors.

IMECO, Inc. has access to proprietary information and drawings, example PDCN-N2AQG5 for T-

AKE in support of the cargo refrigeration system. This includes proprietary rights to the software and programming codes essential for repair and programming of the alarm sensor set points of the T-AKE cargo refrigeration system. Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the Cargo Refrigeration and Freeze systems are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission. OEM parts and services are required to ensure the safe and continuous operation of these ship’s critical systems.

m. WI 904 - Propeller Shaft and Stern Tube Inspection, WI 905 Stern Tube Seal Inspection, WI 907

Propeller Shaft Horizontal Proximity Probe Installation, WI 923 Propeller Boss Cap Replacement T-

ALT 325

Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA for

Work Item 904 Propeller Shaft and Stern Tube Inspection (ABS) and Work Item 905 Stern Tube Inspection and WI 907 Propeller Shaft Horizontal Proximity Probe Installation. Wartsila Defense will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor

Furnished Tools (CFT). Wartsila Defense of Chesapeake is the only known US provider of OEM components and service for Wartsila Defense equipment. Wartsila Defense was a prime contractor to the shipbuilder, NG-NASSCO, and designed and provided all of the propulsion chain components including the shafting, shaft couplings, stern tube cartridge, stern tube bearings, shaft bearing liners, the stern tube shaft seals, and proximity probes. Wartsila Defense served as an integrator for some components of the shaft and stern tube assemblies, meaning that those components such as the stern tube bearing were designed and manufactured by another company specifically for Wartsila Defense.

Wartsila Defense has agreements with these companies to provide repair parts for these components.

n. WI 910 - Inspect and Repair Cathodic Protection

US Filter Electrocatilytic Products is the OEM of the proprietary CAPAC impressed current cathodic protection system on all T-AKE vessels. US Filter Electrocatilytic Products is the proprietary owner of the software and parts used to install, set-up and test operate the CAPAC impressed current cathodic protection system. OEM parts are required to ensure proper operation of the CAPAC impressed current cathodic protection system thereby reducing the electrochemical action of galvanic corrosion and damage to the hull. MSC knows of no other product that has the galvanic corrosion protection properties that would be interchangeable with the currently installed CAPAC impressed current cathodic protection system in use across the T-AKE class. The OEM authorized representative will have access to material and technical data from the OEM as required by USCG and ABS regulation.

This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

o. WI 911 - Overhaul Sea Valves and WI 912 - Remove SW-V-211 and SW-V-248 Overboards & Hull

Inserts

Valve Automation and Control (VAC) has provided all the technical information during the construction of the T-AKE class ships. Valve Automation and Control of San Diego California is the only known US provider of OEM components and service for the Motor Operated Valves (MOV) Valves. Valve Automation and Control was a prime contractor to the shipbuilder, NG-NASSCO.

Valve Automation and Control served as an integrator for the Motor Operated Valves (MOV) valve components of the sea valve assemblies, meaning that those components such as the sea valves and the

Emergency Bilge Discharge Overboard Valves were designed and manufactured by another company specifically for Valve Automation and Control (VAC). The Valve Automation and Control (VAC) have agreements with these companies to provide repair parts for these components.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract for the ROH/DD availability to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor 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 is fair and reasonable in accordance with

FAR Part 15.404-1.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.