J A_N32205-16-R-4209_Combined_USNS_ARC_ROH-DD_Feb_2017_(Posting).pdf

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N104-16-R-4209

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 is a brand name justification for work to be provided by Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Regular Overhaul/Dry-Dock (ROH/DD) of the USNS ARCTIC (T-AOE 8) under RFP N32205-16- R-4209. This Justification is covering only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion.

Work Items (WI) and Required Service Representative(s)

• 107 – Qualified Technical Representative of NAG LLC

• 201 – Qualified Technical Representative of American Metal Bearing

• 202 – Qualified Technical Representative of Alpha Laval

• 501 – Qualified Standard Calibrations Technician

• 908 – Qualified Technical Representative of Siemens

• 916 – Qualified Allied Marine Services Technician

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of WIs 107, 201, 202, 501, 908 and 916. For the 75 day ROH/DD availability, the funded will utilize FY17 Operations & Maintenance funds.

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:

a. WI 107 CARGO TANK LEVEL INDICATING SYSTEM SENSOR INSTALLATION

Naval Automation Group (NAG) is the system design/installation/integration and software designers for the T-AOE Class Ships Tank Level Indicating Systems. NAG has proprietary rights to the technical data to provide changes, upgrades, software upgrades/installations and engineering services. Outside providers do not have access to the software codes and blueprints to integrate hardware changes. The employment of an outside provider would incur heavy additional cost and could result in system damage that would render the system inoperable. The tank level indicating system is an integral part of the T-AOE Class Ships’ mission to the U.S. Navy.

b. WI 201 LINE SHAFT INSPECTION (ABS)

American Metal Bearing (AMB) is the OEM of the line shaft bearing shells for the T-AOE Class Ship line shaft bearings. AMB holds proprietary rights to the technical data and manufacture of line shaft bearing shells. AMB does not have certified qualified vendors or technical agents. They are the sole provider and technical evaluation authority for their bearing shells. They have access to all internal parts. The line shaft bearing shells are being examined for regulatory body during this availability. The use of non OEM representatives could result in improper adjustments that could result in a line shaft bearing failure, rendering the T-AOE Class Ships inoperable.

c. WI 202 MAIN REDUCTION GEAR LUBE OIL PURIFIER MODIFICATIONS (T-ALT TAOE-

181)

Alpha Laval is the OEM of the Main Reduction Gear Lube Oil Purifier. This is an installation of an OEM designed alteration to the original design. Alpha Laval has proprietary rights to the technical data, to provide changes, upgrades, parts, and performs engineering services on the CMCS. Improper repairs by a non-OEM provider could result in improper parts and service and a degraded functionality that could incapacitate the vessel. Proper upgrade, parts, and maintenance of the Lube Oil Purifier is critical to the safe operations of the T-AOE Class Ships.

d. WI 501 AUXILIARY BOILER INSPECTION

Standard Calibrations is required for the auxiliary boiler inspection for American Bureau of Shipping (ABS) because they have specialized knowledge of the newly installed Automated Boiler Control System. The Automated Boiler Control System was a major upgrade to the control system that replaced obsolete pneumatic components. The system was installed in the USNS ARCTIC Maintenance and Repair Upkeep (MARUP) in 2012. Standard Calibration has proprietary rights for the installed software. No other vendors have rights or the software codes to make adjustments to the operating software. Standard Calibrations is required to be available for the final operational demonstration of the boiler for the regulatory bodies.

e. WI 908 CATHODIC PROTECTION SYSTEM MAINTENANCE

Siemens is the OEM for the Cathodic Protection System on the T-AOE Class Ships. Siemens holds proprietary rights for design and equipment; these rights are held exclusively by Siemens.

There are no authorized venders for Siemens equipment and systems.

f. WI 916 CATHELCO SEA CHEST PROTECTION

Allied Marine Services is the only known authorized technical representative for the Cathelco Sea Chest Protection System. Cathleco owns all rights to the equipment and controls and has authorized Allied Marine Systems to act in its behalf. Cathelco is headquartered in England and Allied Marine Services would be the more practical and cost effective means for the most economical but technically correct installation of this system on the T-AOE Class Ships.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract for the/ROH/DD availability to the lowest price offeror. Any prospective contractor will be required to use the 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 has determined the anticipated cost to the Government of the supplies/services covered by this J&A is fair and reasonable in accordance with FAR Part 15.404-1.

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.