JA_N32205-15-T-3252.doc

DEPARTMENT OF THE NAVY

DIRECTOR

MILITARY SEALIFT FLEET SUPPORT COMMAND

471 E. C STREET

NORFOLK, VA 23511

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(BRAND NAME)

14 October 2014

N104-15-T-3252

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

2. Description of Action Being Approved: This is a justification for the use of other than full and open competition that will result in a firm fixed price purchase order for Brand Name parts from GEA Westfalia of Northvale, New Jersey, for the T-AKE Class ship.

3. Description of Supplies/Services: MSC Norfolk requires the replenishment of COSAL Storerooms on the T-AKE Class ship. The actions executed under this J&A are expected to total $302,000.00 using FY 15 funds.

4. Statutory Authority Permitting Other than Full and Open: The statutory authority permitting other than full and open competition for this procurement is the CLINGER-COHEN Act of 1996 P. Law 112-239 as implemented by FAR 13.5, Test Program for Certain Commercial Items.

5. Rationale Justifying Use of Cited Statutory Authority: GEA Westfalia is the Original Equipment Manufacturer (OEM) of the T-AKE Lube/Oil Purifiers, and holds proprietary drawing rights to service and repair parts used in conjunction with the T-AKE Lube/Fuel Oil Purifiers. GEA Westfalia owns all software and parts required for maintenance and repair of the T-AKE Lube/Fuel Oil Purifiers and its complimentary components. GEA Westfalia has authorized vendors who may sell parts and perform services. The OEM will only sell repair parts to an authorized GEA Westfalia representative. Any deviations from OEM parts and services could result in personnel injury, fire or equipment damage and failure of ABS and Coast Guard regulatory requirements.

SMS 10.6-002 ALL lists the Main Propulsion Diesel Engine Lube/Fuel Oil System as critical equipment. The loss of two Lube/Fuel Oil System Purifiers will result in a CASREP status of C-4, removing the ship from full mission capable status.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: The Contracting Officer will continue to synopsize and solicit each requirement in FEDBIZOPPS, unless there is an urgent and compelling need for the service and/or parts. In that case, a procurement-specific J&A for unusual and compelling urgency will be executed and included in the file.

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

8. Actions to Remove Barriers to Future Competition: No specific action is planned to overcome barriers to competition in subsequent procurements, 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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