N23726-5061-SB01_and_N23195-5061-SB02_-_J A_-_Revised.docx

DEPARTMENT OF THE NAVY

MILITARY SEALIFT COMMAND NORFOLK

471 E. C STREET

NORFOLK, VA 23511

N104-15-T-3682

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action Being Approved: Award of a firm-fixed price contract on a brand name, limited source basis for this one time procurement of two (2) each of eight (8) cylinder and one (1) each of nine (9) cylinder Main Diesel Engine (MDE), 12,000 hour (12K) Overhaul Kits to be acquired from Fairbanks Morse Engines (FME) or Motor Services Hugo Stamp (MSHS) for the USNS ROBERT E. PEARY (T-AKE 5) and the USNS WASHINGTON CHAMBERS (T-AKE 11).

3. Description of Supplies/Services: This requirement covers the procurement of two (2) each of the eight (8) cylinder and one (1) each of the nine (9) cylinder Main Diesel Engine (MDE), 12,000 hour (12K) Overhaul Kits required for USNS ROBERT E. PEARY (T-AKE 5) and the USNS WASHINGTON CHAMBERS (T-AKE 11). The action executed under this J&A has an estimated value of $151,000.00, using M&R funding.

4. Statutory Authority Permitting Other Than Full and Open Competition: This contractual action is executed under the authority Section 4202 of the Clinger-Cohen Act of 1996 as implemented by FAR 13.501. Section 815 of the National Defense Authorization Act (NDAA) of Fiscal Year 2015 makes the authority permanent.

5. Rationale Justifying Use of Cited Statutory Authority: The Original Equipment Manufacturer (OEM) of the T-AKE Dry Cargo Ships, Class Main Diesel Engine (MDE), 12,000 hour (12K) Overhaul Kits is MAN Diesel, Germany. Fairbanks Morse Engine (FME) of Beloit, WI, and Motor Services Hugo Stamp (MSHS) of FT Lauderdale, FL are the two (2) authorized service agents for MAN Diesel, Germany. These two (2) companies also have proprietary rights to the information and drawings for the T-AKE Class Engines. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AKE Dry Cargo Ships. The OEM parts and technical data/drawings from the OEM are required by USCG and ABS regulations. This maintains all OEM warranties, ensures engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

Failure of one (1) Cylinder Engine Head will disable one Main Diesel Engine, which will force the ship to into a C-4 status. This would cause the vessel the inability to perform its primary mission, which is providing underway replenishment to the Fleet. The OEM service of the Cylinder Engine Heads requires certifications that are in compliance with USCG and ABS IMO regulatory requirements. MSC does not have the 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.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Contracting Officer will synopsize and post a request for quotations (RFQ) at the Government point of entry, Federal Business Opportunities (FBO) website, with the intent of awarding a firm-fixed-price contract to Fairbanks Morse Engine or Motor Services Hugo Stamp.

7. Determination of Fair and Reasonable Cost: 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: For the reasons set forth in paragraph 5, only the described Main Diesel Engine (MDE), 12,000 hour (12K) Overhaul Kits will suffice. If another potential source emerges, MSC Norfolk will assess at that time whether competition for future requirements is feasible.

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