JA_T-AH_AC_VLV_CLASS_BUY_1.docx

N104-15-T-5002

MILITARY SEALIFT COMMAND

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

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. Nature of Action: This is a justification and approval (J&A) for the use of other than full and open competition that will result in a firm fixed price contract to procure eight (8) water regulating vales, manufactured by Metrex Valve Corporation for the USNS MERCY (T-AH 19) and the USNS COMFORT (T-AH 20).

3. Description of Supplies/Services: MSC Norfolk has a requirement to procure eight (8) water regulating valves to support the HVAC plant installed on the T-AH vessels.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for this procurement is section 4202 of the Clinger Cohen Act of 1996, as implemented by FAR 13.5 - Test Program for Certain Commercial Items. Section 815 of the National Defense Authorization Act of FY 2015 made this authority permanent.

5. Rationale Justifying Use of Cited Statutory Authority: Metrex Valve Corporation is the original equipment manufacturer (OEM) for the required parts and has the rights to the proprietary information for the three-way water regulating valves currently utilized onboard the vessels. Metrex Valve Corporation only sells to authorized dealers. The valves are required to return the installed air conditioning plants to full operating capacity and to prevent accelerated wear to existing condenser tubing. The T-AH 500 Ton Air Conditioning units are manufactured by Carrier, which is the company that configured the units with Metrex valves. Existing space limitations require replacement valves to be exact fit replacements to existing eight inch piping for proper system performance. The HVAC systems are critical to the T-AH Class ships, provided flow of temperature controlled air/ventilation throughout the ship. The ships conduct operations in high and low temperature areas and reduced heating/cooling have the potential to cause personnel injuries and other equipment damage. The required items are components of critical ship equipment the failure of which poses a hazard to the ship, the crew and/or the environment, reference SMS procedure number 10.6-002-ALL Identification of Critical Equipment.

MSC does not have the manufacturing or technical information required to evaluate and determine if other companies can provide Non – OEM replacement parts without MSC funding a vendor shipcheck and shop work for this evaluation. Mission readiness prevents removal of these items for any significant duration of time.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: The Government intends to synopsize and to post a request for quotations (RFQ) at the Government Point of Entry, FedBizOpps website on a sole source basis, with the intent of awarding a firm-fixed-price.

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: No specific action is planned to overcome barriers to competition in subsequent procurements other than synopsizing the requirements. If another source emerges, MSC will assess whether competition for future requirements is feasible.

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