BRUNSWICK_J_AND_A_Redacted.docx

J&A No. N32205-16-R-4500

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 in the Statement of Work (SOW) for the Post-Shakedown (PSA)/Dry-Dock (DD) of the USNS BRUNSWICK (T-EPF 6) under RFP N32205-16-R-4500. 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 (WIs)

· 401 - Northrop Grumman Maritime Systems (Sperry)

· 501 - Oldenburg Group Incorporated

· 507 – Emerson Process Management

· 513 - Appleton Marine – Crane Mod & Annual Maintenance

· 601 - Life raft Systems Australia (LSA)

· 603 - Hiller System Incorporated

· 604 - Fast RSQ & Ned -Deck Marine

· 904 - Cathelco Authorized Technical Representative

· 905 - Wartsila Defense, Inc.

· 906 – International Paint LLC

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 401, 501, 507, 513, 601, 603, 604, 904, 905, and 906. For this 60 day PSA/DD availability, the estimated dollar value of the 10 WIs will be funded utilizing FY 17 Operations & Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(l), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR6.302-l(a).

5. Rationale Justifying Use of Cited Authority: WI 401 Renew NAVIBS/Radio Safety Survey, WI 501 Perform Annual Stem Ramp Maintenance, WI 507 Fuel Meter Installation, WI 513 Store Crane Modification, WI 601 Marine Evacuation System Annual Certification, WI 603 Firefighting System Certification, WI 604 Rescue Boat and Davit Annual Inspection, WI 904 Cathodic Monitoring System Inspection & Maintenance, WI 905 Remove & Inspect Waterjets, and WI 906 Underwater Hull Preservation.

a. WI 401- Renew NAVIES/Radio Safety Survey. Northrop Grumman Maritime Systems (Sperry)

Northrop Grumman (Sperry) is the O.E.M for the Navigation Equipment identified in the SOW. Sperry has access to business sensitive technical manuals, drawings and software proprietary rights. The Expeditionary Fast Transport Class Vessel has a unique Navigational Integrated Bridge System (NAVIES) consisting of Northrop Grumman Sperry equipment and integrated to High Speed Craft ABS regulations. No other single vendor has the proprietary rights and experience at this stage of the EPF program.

b. WI 501- Perform Annual Stem Ramp Maintenance. Oldenburg Group Incorporated

Oldenburg Group Inc. is the O.E.M. of the EPF Class Stern Ramp System. Restrictive rights include access to business sensitive technical manuals, drawings, proprietary rights to software. The T-EPF Stern Ramp is unique and only exists on this class of vessel. Similar Cargo Gear companies do not have the required technical data, software licensing and OEM repair parts to review, test, and repair these systems. Only Oldenburg Group Inc. Representatives may work on or make adjustments to the equipment without voiding the warranty.

c. WI 507- Install Fuel Oil Sensors. Emerson Process Management

The OEM for the Fuel Meters is Emerson. Per the work item specification 7.10, an Authorized Emerson Service Representative will be required to perform initial configuration, set up and calibration of new fuel meters. Factory authorized service representative provide proprietary technical data/drawings and knowledge of the software only available from the original manufacturer. This maintains all OEM warranties, ensures equipment reliability and certification therefore precluding consideration of a service offered by another company.

d. WI 513 - Perform Annual Stores Crane Maintenance. Appleton Marine.

Appleton Marine is the O.E.M. of the EPF Class Cargo Crane. Restrictive rights include access to business sensitive technical manuals, drawings, proprietary rights to software. Similar Cargo Crane companies do not have the required technical data, software licensing and OEM repair parts to review, test, and repair these systems. Only Appleton Marine Representatives may work on or make adjustments to the equipment without voiding the warranty.

e. WI 601 - Marine Evacuation System Annual Certification. Life raft Systems Australia (LSA)

Only LSA or their authorized OEM representatives are allowed to work on USCG approved lifesaving equipment. WI 603 and 604, per USCG and SOLAS regulations, only OEMs or their authorized representatives are allowed to work on USCG approved lifesaving equipment.

f. WI 603 - Firefighting Systems Certification. Hiller System Incorporated

Hiller Systems Inc. is the O.E.M for the Critical Equipment Fire Fighting Systems of the EPF Class. Hiller Systems working with the shipbuilder has the restrictive rights to include access to business sensitive technical manuals, drawings. Hiller Systems Inc. is the designer and equipment provider for this system.

g. WI 604 - Rescue Boat and Davit Annual Inspection. Fast RSQ & Ned -Deck Marine

Only Fast RSQ and Ned-Deck Marine or their authorized OEM representatives are allowed to work on USCG approved lifesaving equipment. Per USCG and SOLAS regulations, only OEMs or their authorized representatives are allowed to work on USCG approved lifesaving equipment.

h. WI 904 - Cathodic Monitoring System Inspection and Maintenance. Cathelco Authorized Technical Representative

Cathelco is the O.E.M. of the EPF Class Cathodic Monitoring System. Restrictive rights include access to business sensitive technical manuals, drawings, proprietary rights to software. Only a Cathelco Authorized Technical Representative may work on or make adjustments to the equipment without voiding the warranty.

i. WI 905 - Remove and Inspect Water Jets. Wartsila Defense, Inc.

Wartsila Defense Inc. is the O.E.M. of the EPF Class Main Propulsion Waterjet Propulsions. Restrictive rights include access to business sensitive technical manuals, drawings. Only Wartsila Defense Inc. Representatives may work on or make adjustments to the equipment without voiding the warranty.

j. WI 906 - Underwater Hull Preservation

The OEMs for the underwater hull paint is International. Per the work item specification “7.1 Provide the services of an International Paint Manufacturer’s Technical Representative and Sherwin Williams Paint Technical Manufacturer’s Representative to oversee all hull painting.” Authorized International paint representative will be required to perform surface inspections, testing and advise of application of the paint system. OEM authorized paint representative provide proprietary technical data, knowledge of paint and application equipment only available from the paint manufacturers OEM authorized paint rep. Due to the vessels thin aluminum hull, the proper paint system protection is essential to the hulls integrity. The painting systems also offer anti-fouling properties essential to the vessels required high speed capability. This maintains all OEM warranties, ensures paint system reliability and certification of theses hull protection systems therefore precluding consideration of a service offered by another by another company.

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 PSA/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 WI.

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.