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J&A No. N32205-16-R-4311

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 (WI) listed below of the Statement of Work

(SOW) for the Regular Overhaul (ROH)/Dry-Dock (DD) of the USNS SACAGAWEA (T-AKE 2) under

RFP N32205-16-R-4311. 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):

201 – General Electric (GE) Energy Power Conversion

204 – Fairbanks Morse Engine

205 – General Electric (GE) Energy Power Conversion

206 – Vulcan Couplings USA

207 – Renk Corporation

208 – MSHS Motor Services Hugo Stamp / Fairbanks Morse Engine

216 – General Electric (GE) Energy Power Conversion

217 – MSHS Motor Services Hugo Stamp / Fairbanks Morse Engine

219 – Renk Corporation

231 – Fairbanks Morse Engine

232 – MSHS Motor Services Hugo Stamp / Fairbanks Morse Engine

302 – Fairlead Integrated Power and Controls, Inc.

504B – Appleton Marine, Inc.

509B – Aqua Chem Water Technologies Division

511 – TTS Marine USA

519 & 520 – PHEX LLC

544 – Carter Machinery

545 – MacKay Marine

551 – Hubbell Electric Heater

569 – Compass Water Solutions

573 – Wartsila

602, 603, 604, & 631 – Fassmer Service America, LLC

903 & 904 – Wartsila/Thordon Bearing/Diehl/Maritech LLC

906 – Rolls-Royce Marine/GE Energy

911 – US Filter Electrocatilytic Products

912 – W.R. Davis Engineering

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 a102-day ROH/DD availability. The estimated dollar value of the above WIs is $2,978,710.00, which will be funded utilizing 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 201 - Propulsion Motor and Coolers Cleaning, Inspection and Maintenance

GE Energy and Power Conversion Representatives are 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. It is essential that only GE Energy Power Conversion provide installation service for this equipment. There is no other known source for the installation, set-up and test operation of these pre-heater valves. No other provider is able to provide the necessary architecture software and hardware as a complete package with installation and training. GE Energy holds the MSC

IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of the propulsion motors and heat exchangers are required for USCG/ABS special surveys.

b. WI 204 - Main Diesel Engine (MDE) Annual Control/Safety Inspection and Testing

Fairbanks Morse Engine (FME) holds the proprietary rights and drawings to service and test the

Automation on the Main Diesel Engines. This work item requires specialized programming and technical expertise unique to this equipment; only approved OEM parts are authorized to program this highly sophisticated equipment. The OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. This annual testing is required by ABS and USCG for Annual Endorsement.

c. WI 205 - Annual Automation and Propulsion Control Inspection and Testing

GE Energy & Power Conversion Representatives are required to fulfill regulatory preventative maintenance on the Automation and Propulsion Control Systems. 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, test, operate, and maintain the Automation and Propulsion Control Systems. It is essential that only GE Energy & Power Conversion provide services for this equipment. There is no other known source for this requirement; no other provider is able to provide the necessary architecture software and hardware as a complete package. GE Energy & Power Conversion holds the MSC IDIQ contract for service and parts under N00033-12-D-8023. The inspection and testing of the automation and propulsion control system are required for USCG/ABS special surveys.

d. WI 206 - MDGs and EDG Flexible Coupling Inspection and EDG Coupling Replacement

American Vulkan Corporation is the OEM qualified to perform shipboard maintenance and inspections of the MDE/MDG and EDG couplings. American Vulkan Corporation owns the technical data and proprietary information in order to inspect and provide maintenance to the couplings. The OEM has the required knowledge, expertise, and tools to perform the work outlined in the SOW and provide a satisfactory inspection that meets USCG/ABS requirements.

e. WI 207 - Propulsion Motor Pedestal Bearing Inspections

RENK is the Original Equipment Manufacturer (OEM) and owner of the proprietary rights to the propulsion motor pedestal bearings and has proprietary rights to all parts. All TAKE vessels were designed with RENK bearings on the Propulsion Motor Pedestal. Use of the OEM is key in maintaining integrity and functionality of the bearings for the propulsion motors and their associated service and parts. The

OEM authorized representative will have access to parts and technical data required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

f. WI 208 - MDG No. 4 and Turbocharger 6000 Hr. Overhaul

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A N104-TAKE

MPDE. The Original Equipment Manufacturer (OEM) of the 8L 48/60 four-stroke turbocharged diesel engine is MAN Diesel, Germany. Fairbanks Morse Engine (FME) and Motor Services Hugo Stamp

(MSHS) are authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between both parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts 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.

g. WI 216 - Annual Automation and Propulsion Control Inspection and Testing

GE Energy & Power Conversion Representatives are required to fulfill regulatory preventative maintenance on the Automation and Propulsion Control Systems. 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, test, operate, and maintain the Automation and Propulsion Control Systems. It is essential that only GE Energy & Power Conversion provide services for this equipment. There is no other known source for this requirement; no other provider is able to provide the necessary architecture software and hardware as a complete package. GE Energy & Power Conversion holds the MSC IDIQ contract for service and parts under N00033-12-D-8023. The inspection and testing of the automation and propulsion control system are required for USCG/ABS special surveys.

h. WI 217 - MDEs Turbocharger Charge Air Coolers Cleaning and Inspection

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J&A N104-TAKE

MPDE. The Original Equipment Manufacturer (OEM) of the 8L and 9L 48/60 four-stroke turbocharged diesel engine is MAN Diesel, Germany. Fairbanks Morse Engine (FME) and Motor Services Hugo Stamp

(MSHS) are authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between both parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts

i. WI 219 - MDGs Pedestal Bearing Inspections

RENK is the Original Equipment Manufacturer (OEM) and owner of the proprietary rights to the MDG pedestal bearings and has proprietary rights to all parts. All TAKE vessels were designed with RENK bearings on the Propulsion Motor Pedestal. The use of the OEM is paramount to maintain the integrity and functionality of the bearings for the MDGs and their associated service and parts. The OEM authorized representative will have access to parts and technical data required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

j. WI 231 - MDGs Splash Oil and Test Circuit Modification (T-ALT 381)

WI 232 - MDG SACOS UPS Upgrade (T-ALT 352)

The Splash Oil and test Circuit Modification and Engine Control System on the Ships Main Diesel Engines is used to monitor, test annual safeties and set data points on the engines sensors that interface with the

MCCS Console. FME has redesigned by adding new test Junction box to the SACOS system to conduct annual safety shut down checks. Fairbanks Morse Engine (FME) designed and built the SACOS Engine

Control System and Splash Oil test circuit, and has proprietary rights to all drawings, technical manuals, and repair parts for servicing the SACOS Engine Control System and Splash oil test circuit. As per the

Statement of Work, FME is tasked with upgrading the Splash oil and test circuit and the SACOS UPS

Upgrade.

k. WI 302 - High Voltage, Ships Service, Emergency and Bow Thruster Switchboards, Load

Centers, Control Centers and Transformers Cleaning and Maintenance

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls, is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to

Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. Fairlead Integrated Power and Controls is an authorized service representative who has access to parts and technical data from the OEM. USCG and ABS regulation requires use of OEM parts and services. Use of Fairlead Power and Controls maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

l. WI 504B - Cargo Cranes 5-Year Retesting Surveys, Hydraulic Hoses and Wire Rope

Replacement

Proper knowledge and skill from the OEM is required to satisfactorily perform the ABS approved cargo crane inspections, checks and repairs. There are no authorized representatives for Appleton Marine. The uninterrupted and safe operation of the Cargo Cranes is critical to the mission of the ship. Appleton Marine owns the proprietary rights to the equipment Crane Model EB27-87-47 drawings. OEM Appleton

Technical Representative(s) must provide technical assistance to Ships Force and NSWCCD in performing

Cargo Crane inspections, hydraulic torque cheeks and perform ABS rocking test on all Cargo Cranes. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM Services are required to meet regulatory requirements of Cargo Crane inspections, hydraulic torque checks and perform ABS rocking test by ABS and the USCG for crew safety and to reduce the chances of crane failure which could result in fuel / oil spillage into the sea.

m. WI-509B - Distilling Plants No. 1 & 2 Cleaning, Inspection and Maintenance

Aqua-Chem is the only known authorized OEM Tech Rep for the T-AKE Distilling Plants. They have T-

AKE experience and proprietary information available to support ship’s equipment’s. Under warranty agreement with shipbuilder, NASSCO of San Diego CA., only OEM can provide requested services as listed under SOW. Aqua-Chem holds proprietary drawings and manuals directly related to services for installed distilling plants on T-AKE class vessels. It is in the best interest of the government to obtain these services from OEM.

n. WI-511 – Anchor and Mooring Winches Testing and Inspection

TTS Marine USA is the OEM Technical Representative for the Anchor and Mooring Winches and holds the proprietary rights and drawings to service and test the Anchor Windlass and Mooring winches currently installed onboard all T-AKE vessels. This work item requires specialized inspection of gears, pumps, motors, and limit switches, which includes programming and technical expertise unique to this equipment;

only approved OEM parts are authorized.

o. WI 519 - LTFW Coolers Cleaning and Gasket Material Changeout (T-ALT 426)

WI 520 - HTFW Coolers Cleaning and Gasket Material Changeout (T-ALT 426)

PHEX is the OEM of Distiller Plates and LTFW Coolers onboard the T-AKE Class of Vessels. Dirty plates and basket strainers could render the Distiller/LTFW coolers useless. In turn, loss of the LTFW

Coolers makes 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.

p. WI-544 – EDG Alignment, Inspection, Testing and Recertification

Caterpillar Engine OEM Technical Representative and authorized hold the license for the proprietary diagnostic software and associated hardware and the capability of using this software and hardware directly with the Emergency Diesel Generators installed on the T-AKE Class. This software is required to maintain, diagnose, troubleshoot, repair, and test the computerized software within the Generator that is a requirement for the Annual Inspection and Testing of the Safety Alarms and Shutdowns required for testing for and demonstration to ABS and USCG.

q. WI-545 – VAF Oilcon MK-6 Oil Discharge Monitoring Equipment (ODME) Calibration

Mackay Marine possesses the qualifications needed to maintain, troubleshoot and service the VAF Oilcon

MK-6 Oil Discharge Monitoring Equipment (ODME) for the T-AKE Class and has the technical data and software required to maintain and adjust settings of these systems. In order to meet USCG and ABS certifications, the T-AKE VAF Oilcon MK-6 Oil Discharge Monitoring Equipment must be calibrated correctly and fully operational. Mackay Marine technicians are trained in the repair and maintenance of this system and have the special tools, software and manuals required for completing these services.

r. WI 551 – Open and Inspect Potable Water Heaters

Hubbell Electrical Company is the Original Equipment Manufacturer (OEM)/Installer of this equipment.

Although no current problems have occurred since installation, the OEM is the most knowledgeable of the system, components, and location onboard ship. The OEM representative will have access to parts and technical data as required by USCG and ABS regulation.

s. WI 569 – Machinery Cargo OWS Inspection, Cleaning and Recertification

Compass Water Solutions is the Original Equipment Manufacturer (OEM) of the Oily Water Separators

(OWS) on the T-AKE class ships. Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the OWS must maintain an overboard discharge of less than 5ppm of oil content to prevent ocean contamination which could result in fines and sanctions from the Environmental

Protection Agency and/or other regulatory agencies. Compass Water Solutions proprietary design and operation makes the use of non OEM parts incompatible with the fit form and function of this system that is in use across the T-AKE class. The use of other than OEM parts and service will not guarantee proper operation of the OWS and will violate the manufacturer’s warranty. Additionally, the use of non-OEM parts that cause an OWS system failure will result in an overboard discharge of more than 5ppm of oil content which is in direct violation of USCG, EPA and ABS requirements and will present a hazard to the environment and navigation. The OEM will have access to material and proprietary technical data necessary to affect the OWS recertification.

t. WI-573 - Rudder Stock Gland Seal and Lower Bearing Inspection

Support will be provided as a sole source by Wartsila Defense Corporation, in conjunction with Rolls

Royce Marine. Rolls-Royce, as the OEM of the Stock Gland Seals and lower bearings, provide technical expertise and oversee the inspections. Per the Safety Management System (SMS) Number 10.6-002-ALL, rev. 1, the Rudder Stock Gland Seal and Lower Bearings are critical to the Steering Gear. Additionally, critical equipment must be properly maintained to include preventive and corrective maintenance including routine inspections of equipment and machinery (SMS Procedure 10.4-001-ALL, Preventive Maintenance).

u. WI 602 - Accommodation Ladders 5-Year Inspection and Load Testing

WI 603 - Lifeboats Certification 5-Year Maintenance and Falls Renewal

WI 604 - Rescue Boats 5-Year Recertification, Maintenance and Falls Renewal

WI 631 - Lifeboats & Rescue Boats Release Hooks Upgrade (T-ALT 376)

FASSMER is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and

Accommodation Ladders. Technical expertise is required to review and test components of the ship's

Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. SMS Number 10.6-002-ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment. Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of a lifeboat put the ship in a no-sail status, thus becoming unable to perform the primary mission of providing underway replenishment services to the Fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of

T-AKE vessel life and rescue boat systems. OEM holds proprietary technical data for repairs and adjustments of individual systems. Technical Manual TS800-AH-MMC-010 holds proprietary technical data required to meet the Statement of Work. Lifeboats, Rescue Boats, associated davits, and

Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to Fassmer for design and maintenance support.

v. WI 903 - Propeller Shaft and Stern Tube Inspection

WI 904 - Stern Tube Seal Inspection

Support will be provided as a sole source by Wartsila Defense Corporation for WI 903; Propeller Shaft and

Stern Tube Inspection (ABS) and WI 904; Stern Tube Inspection. 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, shaft bearing liners, and 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. For WI 903 Thordon Bearings Inc. is the brand of the stern tube bearing which is used with the Wartsila Defense Inc., propulsion shafting arrangement on all T-AKE vessels. A Thordon Bearing representative must be onsite to ensure proper installation of the new bearing, which is a very technical process of freezing to shrink fit into the stern tube. Only Thordon has the proprietary data and expertise to complete the installation of its bearing. Diehl Engineering Company and

Maritech, LLC are required services related to obtaining propulsion shafting strain gauge reading measurements on T-AKE Class vessels as part of an ongoing investigation to determine the root cause of stern tube bearing failures. In order to ensure the reliability of these critical readings, competition to obtain the propulsion shafting strain gauge reading measurements must be restricted to Diehl and Maritech, both are world renowned in analysis of propulsion shafting systems. They both have a long history of providing

MSC with excellent support in analysis of propulsion shafting systems, and have already obtained readings on a number of T-AKEs to support continuing investigations.

w. WI 906 - Bow Thruster 5 year Maintenance Rolls-Royce is the OEM of the Bow Thruster Propeller Unit and Tunnel. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Bow Thruster. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts. 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. T-AKE Class Bow Thruster systems require special tools and technical expertise unique to this Class of ships; only the OEM repair parts are authorized on the highly sophisticated equipment. The

OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance. A General Electric (GE) Energy Power Conversion representative is required in conjunction with Rolls Royce because General Electric (GE) Energy Power Conversion, formerly

Converteam, is the single source vendor for the bow ship’s thruster. General Electric (GE) Energy Power

Conversion owns the frequency and drive controllers of the bow thruster.

x. WI 911 - 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, test, and 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

y. WI 912 - Shaft Grounding Preventive Maintenance

W.R. Davis Engineering Ltd. is the OEM of the active shaft grounding system on TAKE vessels. W.R.

Davis Engineering is the proprietary owner of the software and materials used to install, set up, and test the active shaft grounding system. The system protects the vessel by dramatically reducing the extremely low frequency electromagnetic signature (ELFE). It is essential only W.R. Davis Engineering Ltd., technical representative provides maintenance of this system. There is no other known source for the installation, set up, and troubleshooting of the active shaft grounding system. The OEM authorized rep will have access to parts and technical data required by USCG and ABS regulatory bodies. This maintains all OEM warranties, ship class continuity, and reliability..

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. The Government is not procuring these parts or services directly. The potential offeror may propose an alternate OEM Vendor capable of performing the work, which will be reviewed during the Technical Review of the Source Selection Process .

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine 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.