FBO_J-A-N32205-16-R-4307_ROH-DD_USNS_WALLY_SCHIRRA_(T-AKE_8).doc

N104-13-P-1341

J&A No. N104-16-R-4307

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDED

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 (ROH)/Dry-Dock (DD) of the USNS WALLY SCHIRRA (T-AKE 8) under RFP N32205-16-R-4307. 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. Authority to act under this J&A expires on December 31, 2016.

Work Items (WI)

· 305- GE Power Conversion

· 401 - Northrop Grumman Sperry Marine Authorized Rep

· 403-FURUNO DS-60 Dual Axis Doppler Speed

· 504 – Phex LLC

· 505 – Phex LLC

· 506- Aqua-Chem

· 903 - Wartsila Defense / Thordon Bearing / Diehl Engineering / Maritech LLC

· 904 - Wartsila Defense

· 912 - US Filter Electrocatilytic Products

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 the above mentioned WIs during 45-day ROH/DD availability. The estimated dollar value of the 9 WIs is $728,857.50, which will be funded utilizing FY 16 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 305 – Cleaning Main Generators, Frequency Converters, Propulsion Transformers, and Harmonic Filters

GE Energy and Power Conversion representative is required to fulfill regulatory preventative maintenance on the propulsion motors and heat exchangers. GE Energy Power Conversion is the Original Equipment Manufacturer (OEM) of this equipment and proprietary owner of the software and parts used to install, set-up and test operate the propulsion motor and associated equipment. It is essential that only GE Energy Power Conversion provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations. GE Energy holds the MSC IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of this Critical Propulsion equipment is mandatory at 2-1/2 years.

b. WI 401 – Radar Preventative Maintenance

The Electronic Chart Display and Information System (ECDIS) is serviced, designed and manufactured by Sperry. Sperry is the OEM and has proprietary knowledge unavailable to others regarding their equipment. Proper functioning of this equipment is necessary for the safe navigation of the vessel. USCG will not let the ship sail if equipment maintained by this work item is not operational. This makes it critical to have qualified personnel with access to manufacturers data maintain and repair this equipment. Sperry Tech rep has access to the navigational electronic programming, parts, and service upgrade records that other companies do not have. The navigational equipment design was developed to meet ABS requirements for NIBS notation. This requires bridge components be integrated into a single navigational system. Sperry is the designer and installer of the T-AKE Class integrated bridge system (that includes the ECDIS).

c. WI 403 – FURUNO DS-60 Dual Axis Doppler Speed Maintenance

Furuno is the OEM and has proprietary knowledge unavailable to others regarding their equipment. Proper functioning of this equipment is necessary for the safe navigation of the vessel. USCG will not let the ship sail if equipment maintained by this work item is not operational. This makes it critical to have qualified personnel with access to manufacturers data maintain and repair this equipment. Furuno Tech rep has access to the navigational electronic programming, parts, and service upgrade records that other companies do not have. The navigational equipment design was developed to meet ABS requirements for NIBS notation. This requires bridge components be integrated into a single navigational system. Furuno is the designer and installer of the T-AKE Class integrated bridge system (that includes the Doppler Speed).

d. WI 504 – PHEX LLC

PHEX is the OEM of GEA Eco flex GMbH HTFW Coolers, Model: AT805, B-20

Onboard the T-AKE Class of Vessels. Approved MSC T-ALT No. 426 changed the design of the HTFW Cooler which installs specially made Replacement Gaskets with EPDM type that improves operating efficiency and reduces the maintenance cost associated with cleaning the HTFW Coolers. The specially made gaskets prevents clogging of the cooler plates and allows for longer times between complete disassembly and cleaning of the cooler plates. Clogged gaskets could render the HTFW coolers useless and in turn make them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the HTFW Coolers. PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

e. WI 505 – PHEX LLC

PHEX is the OEM of GEA Eco flex GMbH LTFW Coolers, Model Number Type VT 2508 B-6 HEX onboard the T-AKE Class of Vessels. Approved MSC T-ALT No. 426 changed the design of the LTFW Cooler which installs specially made endplates with strainers baskets and cleanouts that improves operating efficiency and reduces the maintenance cost associated with cleaning the LTFW Coolers. The specially made strainer baskets prevents clogging of the cooler plates and allows for longer times between complete disassembly and cleaning of the cooler plates. Clogged basket strainers could render the LTFW coolers useless and in turn make them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the LTFW Coolers. PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

f. WI 506 – Distilling Plant 2.5 Year Maintenance

Aqua-Chem owns the proprietary rights to the drawings for this equipment. Aqua-Chem will only sell direct or through authorized distributors. The T-AKE Class vessels are outfitted with two (2) Water Evaporators. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts.

g. WI 903 - Propeller Shaft and Stern Tube Inspection, WI 904 FWD and Aft Stern Tube Seal Inspection Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA for Work Items 903 & 904 Propeller Shaft and Stern Tube Inspection (ABS) . Wartsila Defense will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor Furnished Tools (CFT). Wartsila Defense of Chesapeake is the only known US provider of OEM components and service for Wartsila Defense equipment. Wartsila Defense was a prime contractor to the shipbuilder, NG-NASSCO, and designed and provided all of the propulsion chain components including the shafting, shaft couplings, stern tube cartridge, stern tube bearings, and shaft bearing liners, the stern tube shaft seals. Wartsila Defense served as an integrator for some components of the shaft and stern tube assemblies, meaning that those components such as the stern tube bearing were designed and manufactured by another company specifically for Wartsila Defense. Wartsila Defense has agreements with these companies to provide repair parts for these components.

h. WI 912 - Inspect and Repair Cathodic Protection

US Filter Electrocatilytic Products is the OEM of the proprietary CAPAC impressed current cathodic protection system on all T-AKE vessels. US Filter Electrocatilytic Products is the proprietary owner of the software and parts used to install, set-up and test operate the CAPAC impressed current cathodic protection system. OEM parts are required to ensure proper operation of the CAPAC impressed current cathodic protection system thereby reducing the electrochemical action of galvanic corrosion and damage to the hull. MSC knows of no other product that has the galvanic corrosion protection properties that would be interchangeable with the currently installed CAPAC impressed current cathodic protection system in use across the T-AKE class. The OEM authorized representative will have access to material and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

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 or 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 Remove 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.