J-A_-_ROH-DD_USNS_CESAR_CHAVEZ_(T-AKE_14)_FBO.doc

N104-13-P-1341

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N104-15-R-3004

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

AMENDED

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 CESAR CHAVEZ (T-AKE 14) under RFP N32205-15-R-3004. 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

· 202 - American Vulcan Corporation

· 203 - GE Power Conversion

· 204 - Fairbanks Morse Engine/ MSHS Motor Services Hugo Stamp

· 302 - Cadick Corporation , Point Eight Power

· 304 - GE Power Conversion

· 403 – Northrop Grumman Sperry Marine Authorized Rep

· 412 – Cargo Hold 4, 5, 6 Dial Telephones

· 501 – Caterpillar

· 502 – Appleton Crane

· 503 – Compass Water Solutions

· 515 – Phex LLC

· 518 – Friedrich Kocks GMBH

· 601 - Fassmer Service America, LLC

· 602 - Fassmer Service America, LLC

· 902 - Wartsila Defense / Thordon Bearing / Diehl Engineering / Maritech LLC

· 903 - Wartsila Defense

· 907 - Wartsila Defense

· 908 - Wartsila Defense

· 911 - US Filter Electrocatilytic Products

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 21 WIs is $1,728,857.50, 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 – MDG Automation Annual Testing Fairbanks Morse Engine (FME) holds the proprietary rights and drawings to service and test the Automation on the Main Diesel Engines. 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. This annual testing is required by ABS and USCG for Annual Endorsement.

c. WI 202 – Vulkan Coupling Annual Inspections

T-AKE Class Main Diesel Engines were installed with American Vulcan couplings using Fairbanks Morse (FME) business sensitive drawings. These couplings are under warranty agreement with American Vulcan Corporation and FME. Only American Vulcan and FME can provide the proper tools and service reps to service these couplings. 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 203 - 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.

e. WI 204 - MDE No.1, 2, and 3, and Turbochargers 12K 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.

f. WI 302 - HV-SS-E Switchboard Cleaning and Maintenance Cadick Corporation and Point Eight Power 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.

g. WI 304 – Cleaning Main Generators, Frequency Converters, Propulsion Transformers, and Harmonic Filters

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 and associated equipment. It is essential that only GE Energy Power Conversion provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations. GE Energy holds the MSC IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of this Critical Propulsion equipment is mandatory at 2-1/2 years.

h. WI 403 – Radar Preventative Maintenance 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 412 – Cargo Hold 4, 5, 6 Dial Telephones (TAlt 188)

Hose-McCann is the OEM of the PBX telephone system and EPIC-2225 PA/General Alarm System for the AKE Class Ships. Hose-McCann holds required knowledge, experience and proprietary information capable to validate, provide replacement parts, and reprogram the software inherent to the PBX telephone system and EPIC-2225 PA/General Alarm System installed on T-AKE Class. Hose-McCann holds all proprietary rights to the software, parts and programming codes essential for repair and programming the System. 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. The T-AKE PBX telephone system and EPIC-2225 PA/General Alarm System require special tools and technical expertise unique to this equipment; only authorized OEM parts and service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification. The vendor must have the proprietary software rights to manipulate the software controls of the PBX telephone system and EPIC-2225 PA/General Alarm System if required.

j. WI 501 – EDG Annual Inspection and Testing

Caterpillar Engine OEM and authorized reps hold the license for the proprietary diagnostic software and associated hardware and the capability of using this software and hardware directly with the Emergency Diesel Generators installed on the T-AKE Class. This software is required to maintain, diagnose, troubleshoot, repair, and test the computerized software within the Generator that is a requirement for the Annual Inspection and Testing of the Safety Alarms and Shutdowns required for testing for ABS and USCG.

k. WI 502 – Appleton Crane Annual Inspection and Testing

OEM technical services for Appleton Technical Representative(s) to provide technical assistance to Ships Force and NSWCCD in performing Cargo Crane inspections, hydraulic torque checks 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. 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 Cargo Cranes require special tools and technical expertise unique to these cranes; only the OEM is authorized to work 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 as noted under SOW.

l. WI 503 – Oily Water Separator Annual Groom and Testing

Compass Water Solutions owns the proprietary rights to the drawings for this equipment. Compass Water Solutions will only sell direct or through authorized distributors. The T-AKE Class vessels are outfitted with two (2) Oily Water Separators. One (1) for the Machinery Oily Waste and one (1) for the Cargo Oily Waste. The tank capacity for the Machinery Oily Waste is 9,733 gallons, and for the Cargo Oily Waste is 2,782 gallons. Without the Oily Water Separators the vessel would not be able to process the Oily Waste/Water. With limited capacities in each tank this would put the vessel at a disadvantage for containing the Oily Waste/Water. 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.

m. WI 515 – PHEX LLC

PHEX is the OEM of GEA Ecoflex GMbH LTFW Coolers, Model Number Type VT 2508 B-6 HEX onboard the T-AKE Class of Vessels. Approved MSC T-ALT No. T-AKE-09-014 changed the design of the LTFW Cooler which installs specially made endplates with strainers baskets and cleanouts that improves operating efficiency and reduces the maintenance cost associated with cleaning the LTFW Coolers. The specially made strainer baskets prevents clogging of the cooler plates and allows for longer times between complete disassembly and cleaning of the cooler plates. Clogged basket strainers could render the LTFW coolers useless and in turn make them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the LTFW Coolers. PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

n. WI 518 – Anchor Windlass Repairs

TTS Marine is the sole U.S. distributor for foreign manufacturer KOCHS Germany. TTS KOCKS GMBH is the original equipment manufacturer and owns the proprietary rights. Use of unauthorized OEM parts will void OEM warranty on the equipment. To prevent damage to the equipment no unauthorized OEM parts may be used. Use of unauthorized parts can cause failure and damage to other components installed on the equipment. The OEM will only sell repair equipment and parts to an OEM authorized rep. MSC does not have 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.

o. WI 601 – Lifeboat, RHIB, and Accom Ladder Annuals AND WI 602 – Accom Ladder Outrigger Upgrade (TAlt 345) 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.

p. WI 902 - Propeller Shaft and Stern Tube Inspection, WI 903 Stern Tube Seal Inspection, WI 907 Propeller Shaft Horizontal Proximity Probe Installation, WI 908 – Stern Tube Reference Cell Installation 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.

q. WI 904 – Polish Bowthruster Propeller-Inspect Seals

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.

r. WI 911 - 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.

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 Remove 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.