JA_2nd_Deck_Cargo_Hold_Mod_BYRD-1_Redacted.pdf

DEPARTMENT OF THE NAVY

DIRECTOR

MILITARY SEALIFT COMMAND

471 E. C STREET

NORFOLK, VA 23511

Control Number: N104-T-AKE-USJ

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action Being Approved: Award of a firm fixed-price contract on a sole-source basis to U.S. Joiner for repairs and modifications of the installed deck system within cargo hold #3 onboard the USNS RICHARD E BYRD (T-AKE 4).

3. Description of Supplies/Services: The requirement is to perform management support, technical representative support, field service, and parts support for the Frozen/Refrigerated Cargo Hold #3, 2nd deck insulation repairs for the USNS RICHARD BYRD. Estimated cost is approximately

The majority of the materials required for this service have been procured by NAVSEA from U.S. Joiner and are now in the possession of MSC. The materials will be provided as Government Furnished material (GFM) for installation on the USNS RICHARD BYRD.

MSC is planning to accomplish repairs on USNS RICHARD BYRD on the 2nd deck in Cargo Hold #3 with final completion of the work during the ship’s ROH/DD commencing on 18 May 2015 at a shipyard on the west coast. The piping and structural work required as part of the decking modifications is included in the ROH/DD solicitation and will be executed by the successful shipyard offeror. This requirement will be satisfied using FY 15 NAVSEA funding.

4. Statutory Authority Permitting Other Than Full and Open Competition: This contractual action is executed under the authority of FAR Part 13.106-1 and 10 U.S.C. 2304 (c) as implemented by FAR 6.302-1, “only one responsible source.”

5. Rationale Justifying Use of Cited Statutory Authority: NAVSEA recognized a design flaw in the installation of all three decks in Cargo Hold 3 (refrigeration hold) on the T-AKE class of vessels. Specifically, the installed deck insulation system does not seal the joint between the vertical refrigeration panels and the horizontal deck surface. There is also inadequate sealing around deck drains.

When the deck insulation problem was first recognized, U.S. Joiner developed a design solution for the shipbuilder, NASSCO and NAVSEA. After completing the design work, U.S. Joiner installed the improved deck insulation system on USNS ROBERT PEARY (T-AKE 5) and the follow-on ships in the class as part of the NAVSEA acquisition.

However, the repairs for the first four T-AKEs, which were already fleet assets, still needed to be made. NAVSEA procured the Government Furnished Material (GFM) for deck 3 for the four ships in order to remedy the problem. The majority of the GFM was procured from U.S. Joiner and delivered to MSFSC for future installation. MSC subsequently contracted U.S. Joiner to install the new decking system on deck 3 onboard USNS LEWIS & CLARK (T-AKE 1), USNS

SACAGAWEA (T-AKE 2), USNS ALAN SHEPARD (T-AKE 3), AND USNS ROBERT E.

BYRD (T-AKE 4) during their regularly scheduled MTAs.

U.S. Joiner is the only source that has provided world wide support to accomplish the deck repairs on the T-AKEs. The services required are a unique combination of logistics, material, engineering, and field support specific to this installation. U.S. Joiner is the only company with experience in the installation of this unique system. U.S. Joiner can satisfy the requirements for proprietary design drawings, material and service support critical to the successful installation of this deck system.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government will post a solicitation on FEDBIZOPPS on a sole source basis for this ship's requirement. Over the past several years, these repairs have been performed on multiple decks of the first four T-AKEs that have required the upgraded and redesigned deck system. US Joiner helped designed this new deck system and has been the only vendor to install this deck or has shown interest in making these needed repairs.

7. Determination of Fair and Reasonable Cost: The contracting officer will determine the price to be is fair & reasonable pursuant to Federal Acquisition Regulation (FAR) Part 15.404-1.

8. Actions to Remove Barriers to Future Competition: There has been no specific action planned to overcome barriers to competition in subsequent procurements, other than synopsizing the requirements. For reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for these types of services/supplies covered by this requirement. If other potential sources emerge, MSC will assess whether competition for future requirements is feasible.

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