CHARLES_DREW_ROH-DD_JA_3_9_15_MOD_1.docx

J&A No. N104-15-R-3002

MOD 1

MODIFICATION ONE TO

JUSTIFICATION AND APPROVAL 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: This is a justification for work to be provided by Government-mandated subcontractors under the Work Item(s) listed below of the Statement of Work (SOW) for the Regular Overhaul (ROH)/Dry-Dock (DD) of the USNS CHARLES DREW (T-AKE 10). This Justification is covering only the portion of the acquisition which is sole source and the approval level requirements will only apply to that portion. Authority to act under this J&A expires on 31 March, 2016.

WIs and Required Service Representative(s):

· 201 – General Electric (GE) Energy Power Conversion

· 202 – American Vulcan Corporation

· 203 – Motor Services Hugo Stamp / Fairbanks Morse Engine

· 301 – Fairlead Integrated Power & Controls, Inc. / POWERGEN Controls

· 303 – General Electric (GE) Energy Power Conversion

· 304 – Point Eight Power

· 305 – IMECO, Inc.

· 306 – IMECO, Inc.

· 308 – Fairlead Integrated Power and Controls, Inc. / POWERGEN Controls

· 401 – Mid Atlantic Engineering Technical Services, Inc. (“MAETS”) / BAE Systems, Inc.

· 402 – Mid Atlantic Engineering Technical Services, Inc. (“MAETS”) / BAE Systems, Inc.

· 403 – Mid Atlantic Engineering Technical Services, Inc. (“MAETS”) / BAE Systems, Inc.

· 404 – Northrop Grumman Sperry Marine

· 405 – Northrop Grumman Sperry Marine

· 406 – Northrop Grumman Sperry Marine

· 407 – Northrop Grumman Sperry Marine / Navtech Marine Electronics, Inc.

· 408 – Northrop Grumman Sperry Marine / Navtech Marine Electronics, Inc.

· 410 – Mid Atlantic Engineering Technical Services, Inc. (“MAETS”)

· 411 – Northrop Grumman Sperry Marine

· 413 – Northrop Grumman Sperry Marine / Navtech Marine Electronics, Inc.

· 501 – Compass Water Solutions / Lee Engineering Supply Co.

· 508 – Appleton Marine, Inc.

· 509 – GEA PHE Systems North America Inc. / Southwest Thermal Technology, Inc.

· 510 – GEA PHE Systems North America Inc. / Southwest Thermal Technology, Inc.

· 520 – IMECO and Johnson Controls

· 521 – General Electric (GE) Energy Power Conversion

· 525 – Siemens USA

· 603 – Fassmer Service America, LLC

· 605 – Fassmer Service America, LLC

· 606 – Fassmer Service America, LLC

· 903 – Wartsila Defense Inc.

· 904 – Wartsila Defense, Inc.

· 909 – US Filter Electrocatilytic Products

· 910 – Valve Automation and Controls (VAC)

· 912 – Valve Automation and Controls (VAC)

· 915 – W.R. Davis Engineering, Limited

· 918 –Rolls-Royce/Wartsila Defense, Inc.

· 919 – Rolls-Royce Marine

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 WIs 201, 202, 203, 301, 303, 304, 305, 306, 308, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 413, 501, 508, 509, 510, 520, 521, 525, 603, 605, 606, 903, 904, 909, 910, 912, 915, 918 and 919 during a 75-day ROH/DD availability. The estimated dollar value of the WIs is 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 201 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.

b. WI 202 Annual MDG Coupling Inspection

American Vulkan Corporation is the only OEM qualified to perform shipboard maintenance and inspections of the MDE/MDG couplings. American Vulkan Corporation owns the technical data and proprietary information in order to inspect and provide maintenance to the couplings. The OEM has the required knowledge, expertise, and tools to perform the work outlined in the SOW and provide a satisfactory inspection that meets USCG/ABS requirements.

c. WI 203 MDG No.2 and No.3 15,000-20,000 HR Overhaul Rev 1.

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A N104-TAKE MPDE. The Original Equipment Manufacturer (OEM) of the two (2) 9L 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine and Motor Services Hugo Stamp are the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. 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.

d. WI 301 HV-SS and Emergency Switchboard Cleaning, WI 308 Load Center, Motor Control Center, Switchboard, and Diesel Generator Cleaning and Maintenance

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.

e. WI 303 HV Cable Connector Inspection

GE Energy Power Conversion is the Original Equipment Manufacturer (OEM)/Installer of this equipment. Due to the numerous issues with these 866 connectors and GE having interment knowledge of the system and their locations throughout the ship, it is essential that only GE Energy Power Conversion provide the service for this equipment. They have been the primary contact for the remediation of the multiple issues regarding this inspection requirement.

f. WI 304 HV Jumper Cable Replacement

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 305 IMECO Chillers Shipyard Support (T-ALT 319), WI 306 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

h. WI 401 Radio Communications System Groom

MAETS and BAE systems are the only two entities qualified to perform the maintenance of the communications systems that are intimately familiar with the ships equipment. Both MAETS and BAE Systems have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the ships Radio and Communications equipment.

i. WI 402 Antenna Preventative Maintenance

MAETS and BAE Systems are the only qualified companies that can perform shipboard maintenance of the military antennas outlined in the SOW. MAETS or BAE Systems can perform all required removals, testing, and reinstallations. OEMs have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the antennas.

j. WI 403 OE-570 Antenna System Preventative Maintenance

MAETS and BAE are the only qualified companies to perform shipboard maintenance of the OE-570/WSC antenna maintenance. Trivec Avant, the OEM does not perform shipboard work. MAETS or BAE Systems can perform all required removals, testing, and reinstallations. Both companies have the required knowledge, expertise, tools, and access to the proprietary technical data to perform the work outlined in the SOW to provide a satisfactory overhaul and testing of the antennas.

k. WI 404 GMDSS Annual Radio Survey, WI 405 Gyro System Preventative Maintenance, WI 406 Radar Preventative Maintenance, WI 411 VDR Recertification

Northrop Grumman Sperry Marine owns the technical data and software required to maintain and adjust settings of the Integrated Bridge System and Gyro Compass. This is a business proprietary design with zero authorized users. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System must be fully operational, and crew trained in the safe operations of the IBS. OEM technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

l. WI 407 SRD-500 Doppler Speed Log Maintenance and WI 408 Echo Depth Sounder Maintenance, WI 413 SASS Installation

Northrop Grumman Sperry Marine and NAVTECH Marine both possess the qualifications to maintain, troubleshoot and repair the TAKEs Doppler Speed Log, Echo Depth Fathometer and SASS. Each has the technical data and software required to maintain and adjust settings of these two systems. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System must be fully operational, and crew trained in the safe operations of the IBS. Both company technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

m. WI 410 Replace Tilt Platform AB-1298 and Antenna (TA-380)

MAETS is the only OEM qualified to perform shipboard maintenance of the AS-377sB and AB-1298/SRA antennas. MAETS can perform all required removals, testing and reinstallation that supports TA-380. OEM has the required knowledge, expertise, tools, and access to the proprietary data required to perform the work outlined in the SOW and provide satisfactory overhaul and testing of the antennas.

n. WI 501 Calibrate and Test OWS

Compass Water Solutions is the Original Equipment Manufacturer (OEM) of the Oily Water Separators (OWS) on the T-AKE class ships. Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the OWS must maintain an overboard discharge of less than 5ppm of oil content to prevent ocean contamination which could result in fines and sanctions from the Environmental Protection Agency and/or other regulatory agencies. Compass Water Solutions proprietary design and operation makes the use of non OEM parts incompatible with the fit form and function of this system that is in use across the T-AKE class. The use of other than OEM parts and service will not guarantee proper operation of the OWS and will violate the manufacturer’s warranty. Additionally, the use of non-OEM parts that cause an OWS system failure will result in an overboard discharge of more than 5ppm of oil content which is in direct violation of USCG, EPA and ABS requirements and will present a hazard to the environment and navigation. The OEM will have access to material and proprietary technical data necessary to affect the OWS groom onboard USNS CHARLES DREW. Lee Engineering, Inc. is the only other known authorized representative that can provide OEM services as identified herein. Use of the OEM or OEM authorized representatives maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

o. WI 508 Crane Retesting Survey and Hydraulic Hose Replacement

Proper knowledge and skill from the OEM is required to satisfactorily perform the ABS approved cargo crane inspections, checks and repairs. There are no authorized representatives for Appleton Marine. The uninterrupted and safe operation of the Cargo Cranes is critical to the mission of the ship. Appleton Marine owns the proprietary rights to the equipment Crane Model EB27-87-47 drawings. OEM Appleton

Technical Representative(s) must provide technical assistance to Ships Force and NSWCCD in performing Cargo Crane inspections, hydraulic torque cheeks and perform ABS rocking test on all Cargo Cranes. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM Services are required to meet regulatory requirements of Cargo Crane inspections, hydraulic torque checks and perform ABS rocking test by ABS and the USCG for crew safety and to reduce the chances of crane failure which could result in fuel / oil spillage into the sea.

p. WI 509 LTFW Cooler Cleaning and WI 510 HTFW Cooler Cleaning

This procurement is under N23193-4363-4305 to comply with TRANSALT 426 the Titanium Plates with EPDM gaskets on USNS CHARLES DREW require replacement. GEA PHE Systems North America Inc. of York, PA is the OEM and has only one authorized manufacturer’s representative, Southwest Thermal Technology, Inc. of Camarillo, CA. 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 parts could result in personnel injury, loss of life, or catastrophic equipment failure. OEM parts are required to meet regulatory requirements of the U. S. Coast Guard and the American Bureau of Shipbuilding (ABS).

q. WI 520 Cargo and Domestic Refrigeration 20K Hr. Overhaul

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. Both Johnson Controls, Inc. and IMECO, Inc. are York International’s United States service representatives and parts distributors. Each 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.

r. WI 521 Fireman Isolation Valve Installation Rev3 (TA-367)

GE Energy and Power Conversion own the proprietary software and hardware design data of the T-AKE MCCS system. Only a GE software technician can make changes to the MCCS and Vessel Management system (VMS) and load the required computer screen interface on the HMIs on the MCCS. The SOW requires modifications to the MIMIC screens reflecting the Fire Valve Changes.

s. WI 525 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 and

W2T110867 that currently exists onboard. The T-ALT-170 is ABS and MSC Washington approved and Siemens is required to perform final system groom and operations. The T-ALT has been installed on 9 T-AKE class ships. Maintaining class-wide configuration, compatibility and interchangeability is essential to the T-AKE class ships.

t. WI 603 Accommodation Ladder Inspection and Load Testing, WI 605 Life Boat Certification, Maintenance. and Falls Renewal (5 yr.) and WI 606 RHIB Boat Certification, Main. and Falls Renewal (5 yr.)

Fassmer Service America, LLC (“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 SOW. Lifeboats, Rescue Boats, associated Davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NSSCO and contracted to FASSMER for design and maintenance support. Only OEM can provide services as requested under SOW 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.

u. WI 903 Propeller Shaft and Stern Tube Inspection and WI 904 Stern Tube Seal Inspection

Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA (“Wartsila”) for Work Item 903 - Propeller Shaft and Stern Tube Inspection (ABS) and WI 904 - Stern Tube Inspection. Wartsila will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor Furnished Tools (CFT). Wartsila is the OEM for the Stern Tube System for the T-AKE class ships. Wartsila owns the proprietary rights to the drawings, service repairs, and warrants on spares for the Stern Tube Overhaul Kit and Connecting Ring. Any required items are direct replacement parts/ components for existing equipment/configuration. No other known source has the drawing, tooling, parts, or knowledge regarding the shafting, rudder and bearings. There are no authorized distributors nor known source to provide the necessary parts and service.

v. WI 909 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.

w. WI 910 Overhaul Sea Valves and WI 912 Remove SW-V-211 and SW-V-248 Overboards and Insert Hull

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.

x. WI 915 Shaft Grounding Preventative Maintenance and Brush Relocation

W.R. Davis Engineering Ltd., is the OEM of the active shaft grounding system on TAKE vessels. W.R. Davis Engineering is the proprietary owner of the software and materials used to install, set up, and test the active shaft grounding system. The system protects the vessel by dramatically reducing the extremely low frequency electromagnetic signature (ELFE). It is essential only W.R. Davis Engineering Ltd., technical representative provides maintenance of this system. There is no other known source for the installation, set up, and troubleshooting of the active shaft grounding system. The OEM authorized rep will have access to parts and technical data required by USCG and ABS regulatory bodies. This maintains all OEM warranties, ship class continuity, and reliability.

z. WI 918 Rudder Stock Gland Seal and Lower Bearing Inspection

Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA, in conjunction with Rolls Royce Marine. Rolls-Royce, as the OEM of the Stock Gland Seals and lower bearings, provide technical expertise and oversee the inspections. Per the Safety Management System (SMS) Number 10.6-002-ALL, rev. 1, the Rudder Stock Gland Seal and Lower Bearings are critical to the Steering Gear. Additionally, critical equipment must be properly maintained to include preventive and corrective maintenance including routine inspections of equipment and machinery (SMS Procedure 10.4-001-ALL, Preventive Maintenance).

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 served as an integrator for components of the propulsion and shafting arrangement. Components such as the rudder, hydraulic nut, and rudder stock were designed and manufactured specifically for Wartsila Defense. Wartsila Defense is the exclusive provider for these components and there are no other known distributors.

aa. WI 919 Bow Thruster 5 year Maintenance

Rolls-Royce is the OEM of the Bow Thruster Propeller Unit and Tunnel. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Bow Thruster. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE Class Bow Thruster systems require special tools and technical expertise unique to this Class of ships; only the OEM repair parts are authorized on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance.

MSC does not have manufacturing and technical information required to evaluate the listed WIs and determine whether non-OEM components and replacement parts are equivalent to the OEM components and replacement parts. The work items listed in this section require special tools, specialized repair parts, and technical expertise unique to this equipment only approved OEM parts are authorized to be installed on this highly sophisticated equipment. Only the OEM Representative has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

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 work items.

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.

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