JA_for_USNS_SPEARHEAD_EDD_6-22-2016.pdf

J&A No. N32205-16-R-4506

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 justification for work to be provided under Work Items listed below of the Statement of Work (SOW) for the Emergency Dry Docking (E-DD) of the USNS SPEARHEAD (EPF-1) under RFP N32205-16-R-4506. This justification is covering only the portion of the acquisition which an OEM Authorized Facility/Manufacturer/Representative is required and the approval level requirements will then only apply to that portion.

Work items:

- 101: HULL CRACK REPAIR IWO MPDE EXHAUST

- 902: INSPECT AND REPAIR TUNNEL UNDERSIDE COATING

- 903: INSPECT AND REPAIR UNDERWATER HULL COATING

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives to accomplish the requirements of Work Items (WIs) 101, 902 and 903. For this 45 day E-DD availability, the estimated dollar value of the 3 WIs is $299,000.00 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: WI 101 Hull Crack Repair IWO MPDE Exhaust

$75,000.00; WI 902 Inspect and Repair Tunnel Underside Coating - $54,000.00 and 903 Inspect and Repair Underwater Hull Coating - $170,000.00

a. WI 101: HULL CRACK REPAIR IWO MPDE EXHAUST

The OEM for the construction of the vessel is AUSTAL USA. Per the work item specification 7.10 Authorized technical representative will be required to perform inspections, provide technical expertise, and provide methods, knowledge and experience with aluminum construction. Due to the vessels thin aluminum hull, the proper installation of plating is essential to the hulls integrity and strength.

b. WI 902: Inspect and repair tunnel underside coating, WI 903:Underwater Hull Coating

Repair:

The OEM for the hull paint is International Inc. Per the work item specification 7.1. Authorized International paint representatives will be required to perform surface inspections, testing and advise of application of the respective paint systems. 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 for corrosion protection. 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 has posted a synopsis and a Request for Proposal (RFP) for the Post Shakedown Availability (PSA) 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(s) as a subcontractor to perform the work in the related WIs.

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 in accordance with FAR Part 15.

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.

TECHNICAL AND REQUIREMENT CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance

Stephen Midkiff 757- 376-7943 Signature & Date Name (Printed) Phone No.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient

. Patricia H. Bieder 757-443-3937 Signature & Date Name (Printed) Phone No.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Patrick Brown 757-443-5913 Signature & Date Name (Printed) Phone No.

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

Name Date patrick.d.brown Typewritten Text N/A

TECHNICAL AND REQUIREMENT CERTIFICATION