Redacted_JA_USNS_ZEUS_FY17ROH.doc

N104-13-P-1341

1 JUNE 2016

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N32205-16-R-4503

JUSTIFICATION AND APPROVAL (J&A) FOR 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 under Work Items (WI) 202, 515(2), and 907 of the Statement of Work (SOW) for the Repair Overhaul (ROH) of the USNS ZEUS (T-ARC 7) under RFP No. N32205-16-R-4503. 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.

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 Work Items (WI) 202, 515(2), 907.

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

· 202 Manufacturers Technical Representative of Glenmount Global

· 515 Manufacturers Technical Representative of Schoettel of America (Bow Thruster)

· 515 Manufacturers Technical Representative of American Vulkan Corp. (Vulkan Coupling)

· 907 Manufacturers Technical Representative of US Filter’s Electrocatalytic

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 202- Stern Tube Cooling Mods (T-Alt-T-ARC7-15-004); the proprietary rights to the MCC are owned by Glenmount Global. A Glenmount representative must be available to identify connections and reprogram the system for alarm set points spelled out in this Work Item. This equipment is critical in Damage Control settings and sounding alarms for the Ships Force. Glenmount Global owns tech manuals, design information and proprietary drawings. The government does not possess the detailed design data necessary to install and commission this system.

b. WI 515- Bow Thruster Seal Leak Repair (CASREP-15-019); Schoettel of America is the manufacturer for the Bow Thruster. A Schoettel of America technical representative is needed to oversee repairs and coordinate testing. Schoettel of America owns the proprietary rights to the bow thruster drawings, technical manuals, and design information. They are necessary for the completion of this Work item. The government does not possess the detailed design data necessary or information to complete this testing/repair.

c. WI 515- Bow Thruster Seal Leak Repair (CASREP-15-019); American Vulkan Corp. services are required to complete this Work Item. Vulkan Corp own the proprietary rights, technical manuals, and design information to the Vulkan Coupling which will need to be disconnected and reconnected once repairs are completed. Proper connection is pertinent. The government does not possess the detailed design data necessary or information to ensure this installation is completed accurately.

d. WI 907- Cathodic Protection System Inspection; A US Filter’s Electrocatalytic Field Service Rep is required for maintenance and Inspection on the Cathodic Protection System. The system is vital to the lifecycle of the ship. A US Filter’s Electorcatalytic Representative has the proprietary information and expertise required to open, inspect, maintain, and repair the Cathodic Protection System.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor 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 in its technical proposal, which will be reviewed during the Technical Evaluation 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 will be fair and reasonable.

8. Actions to Removed Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.