J A_Mod_1_OEM_Reps_-_USNS_SPEARHEAD_(FebBizOps).docx

DEPARTMENT OF THE NAVY

COMMANDER MILITARY SEALIFT COMMAND

471 EAST C STREET

NORFOLK VA 23511-2419

J&A No. N104-15-R-4006-01

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 modification is a justification for new work to be provided under Work Items listed below of the Statement of Work (SOW) for the REPAIR OVERHAUL (ROH) and Dry Docking (DD) of the USNS SPEARHEAD (JHSV-1) under RFP N32205-15-R-4006. This justification modification is covering only the new portion of the acquisition which an OEM Authorized Facility/Manufacturer/Representative is required and the approval level requirements will then only apply to that portion.

Work items:

- 302: PLC SURVEY REV A

- 910: RIDE CONTROL SCF BEARING SUPPORT REV A

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives to accomplish the requirements of Work Items (WIs) 302 and 910.

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:

WI 302 PLC SURVEY REV A; WI 910 RIDE CONTROL SCF BEARING SUPPORT REV A.

a. WI 302, PLC Survey Rev A

The OEM for the PLCs contained with the IMCS and Waterjet control systems are Austal and Wartsila, respectively. Per the work item specification 7.5.3and 7.5.4 Authorized Austal and Wartsila representatives will be required to perform PLC battery replacements, testing and programing of the PLCs system. OEM authorized representatives provide proprietary technical data, knowledge of PLC programing and equipment only available from the IMCS and Waterjet control system manufacturers OEM authorized rep. Due to the vessels automated control systems, the proper operation of these systems is essential to ensure safe operation and navigation of the vessel. This maintains all OEM warranties, ensures control system reliability and certification of these automated systems therefore precluding consideration of a service offered by another by another company.

b. WI 910, Ride Control SCF Bearing Support Rev A

The OEM for the vessel’s ride control system is Austal USA. Per the work item specification 7.1, an Authorized Austal USA Representative will be required to perform bearing installations, alignment inspections and technical guidance. Factory authorized service representative provide proprietary technical data/drawings and knowledge of the SCF mechanical system only available from the original manufacturer. This maintains all OEM warranties, ensures equipment reliability, crew safety and certification therefore precluding consideration of a service offered by another company.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government has posted a synopsis and a Request for Proposal (RFP) for the Post Shakedown Availability (PSA) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract 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 will determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable in accordance with FAR Part 15.

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.

image1.png