Brand_Name_JA_EIM_COSAL_SHORTAGE_PARTS_Redacted.doc

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(LIMITED SOURCES)

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

2. Nature of Action: This is a justification for the use of other than full and open competition for a commercial firm fixed price purchase order for OEM EIM Controls COSAL Shortage main fuel delivery system parts to replenish ship’s COSAL storeroom onboard T-AKE vessels 3 through 14. The following requisitions apply to this procurement N290014365P247, N237264365P146, N231954365P549, N231934365P350, N290034365P448, N236024365P047, N231994365P944, N231944365P449, N231964365P649, N231974365P750, N290024365P347, and N231984365P848.

3. Description of Supplies/Services: This requirement covers the procurement of main fuel delivery system COSAL shortage parts required to fill COSAL Shortages for the T-AKE Class.

4. Statutory Authority Permitting Other than Full and Open: The statutory authority for these procurements is 41 U.S.C. 1901€(2) as implemented by FAR Part 13.501 (a)(2)—Simplified Procedures for Certain Commercial Items--Brand Name.

5. Rationale Justifying Use of Cited Statutory Authority: The Main Fuel Delivery System is critical equipment installed onboard T-AKE Class Ships and the failure of any Fuel Delivery System component may cause the systems to overheat, damage other engine components or cause a remote shutdown of the engine, thus rendering the ship unable to perform the primary mission of providing underway replenishment services to the fleet. This failure could result in a C3 CASREP. Proper refurbishment and maintenance of the Main Fuel Delivery System and its components are critical to the safe operations of all T-AKE vessels. MSC does not have 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. Proper operation of this system is required to meet regulatory requirements by ABS and the US Coast Guard to ensure crew safety and to reduce the chances of equipment failure which could result in fuel/lube/oil spillage. Due to warranties and this crucial system, all parts should be procured through the OEM or authorized distributor. Any deviations from OEM parts, diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. In addition, EIM Controls holds proprietary drawing rights to the Actuator Assembly used in conjuction with the T-AKE Main Fuel Delivery System and it own all software and parts required for maintenance and repair of the T-AKE Main Fuel Delivery System and it complimentary components.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable:

EIM Controls is the OEM and has one authorized distributor for their products and services. Through market research and attached letter from EIM, Valve Automation and Controls (VAC) are the only authorized distributor for parts and services for the T-AKE Class ships. The Contracting Officer therefore intends to solicit quotes for the requirements from these and possibly other sources. The Contracting Officer will maximize competition to the fullest extent possible by synopsizing the requirements via FedBizOpps. Each synopsis will indicate that the procurement is limited to COSAL Shortage parts.

7. Contracting Officer’s Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is fair and reasonable pursuant to Federal Acquisition Regulation (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 potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.

J&A Control Number N104-16-R-4338

See paragraph 2 for requisition numbers

For Official Use Only

For Official Use Only