Redacted_J A_(2).pdf

J&A Control Number : N104-16-R-4007 Requisition Numbers: N213775072V011, N213775096V012, N21875300V079, N218575300V080, N218575300V081, N218575300V082, N218575300V083, N218575300V084, N218575300V085, N213775316V146, N215795316V150, N215255316V157, N215815310V161

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JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

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

- Norfolk.

2. Description of Action Being Approved: This Justification and Approval (J&A) authorized and approves award of a firm-fixed-price (FFP) type purchase order (PO) on a sole source basis for Colfax Fluid Handling (doing business as Warren Pumps, LLC and IMO Pumps) pump parts in support of the T-AO Class of MSC. Warren Pumps, LLC is the sole supplier of these parts in the Defense market.

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) pump parts for refurbishment and maintenance of the existing Colfax Fluid Handling pumps installed aboard T-AO Class Vessels. Parts may include, but are not limited to, impellers, casing rings, shaft sleeves, major overhaul kits, O-rings, seals, bearing housings, spacers, gasket covers, and mechanical seal with glands. The total estimated dollar value of this action is $ and will be funded using fiscal year (FY) 2016 Operations and Maintenance, Navy (O&MN) funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: This statutory authority permitting other than full and open competition is Class Deviation – Federal Acquisition Regulation (FAR) Subpart 13.5, Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items – Defense Acquisition Regulation Supplement (DARS) Tracking Number 2015-00004 – implementing Section 815 of the National Defense Authorization Act for FY 2015.

5. Rationale Justifying Use of Cited Statutory Authority: Use of the authority cited in FAR Subpart 13.5, specifically FAR 13.501(a), is appropriate for this acquisition as this subpart authorizes use of Simplified Acquisition Procedures (SAP) for acquisition of parts or services greater than the Simplified Acquisition Threshold (SAT) and not exceeding $7.0 million. In accordance with (IAW) FAR 13.501(a)(2)(ii), the proposed contract exceeds $700,000.00, but does not exceed the $13.5 million threshold ($ estimate), thus, established IAW agency procedures, the MSC competition advocate, designated pursuant to FAR 6.501, must approve the J&A.

There are currently fifteen (15) active T-AOs in the MSC fleet with approximately sixty (60) Colfax Fluid Handling brand pumps per hull. Proper refurbishment and maintenance of the

N218575300V080, N218575300V081, N218575300V082, N218575300V083, N218575300V084, N218575300V085, N213775316V146, N215795316V150, N215255316V157, N215815310V161

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pumps are critical to the safe operation of the T-AO vessels. OEM parts from the original manufacturer are required to ensure pump reliability and crew safety, therefore precluding consideration of products manufactured by another company. The engineering, construction drawings and technical characteristics for the manufacture of parts for these pumps are the property of Colfax Fluid Handling and its subsidiaries. The procurement of other than Colfax Fluid Handling parts could result in catastrophic damage to the pumps and loss of use of the ship for its intended mission.

MSC does not possess or have the data rights to the manufacturing drawings and processes, OEM specifications, material tolerances, and other technical data pertaining to the pumps and pump parts, and is unable to purchase the data rights due to proprietary reasons. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM pumps is not known to MSC. All things considered, MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacements parts will compromise the required reliability and effectiveness of the pumps installed on the T-AO Class ships.

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

A sources sought (SS) notice was posted on the FBO website on 28 October 2015 and closed on 4 November 2015. The SS respondents were required to demonstrate the ability to provide the requested items or alternative solutions that are compatible with the existing Colfax Fluid Handling pumps. One (1) response was received to date in response to this notice. A review of this capabilities statement was conducted by the Port Engineers as well as the Contract Specialist and a determination was made that the solution provided does not meet the requirements of this acquisition, as it is limited to carbon material which does not encompass the full scope of this requirement. Furthermore, the engineering, construction drawings, and technical characteristics of the parts are proprietary to the OEM, and therefore not available to other firms.

To date, no additional sources have been identified. However, an intent to sole source/presolicitation notice will be issued via the Government Point of Entry, the FedBizOpps (FBO) website.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for the supplies is fair and reasonable pursuant to FAR 13.106-3, as appropriate.

8. Actions to Removed Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of supplies

N218575300V080, N218575300V081, N218575300V082, N218575300V083, N218575300V084, N218575300V085, N213775316V146, N215795316V150, N215255316V157, N215815310V161

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covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL / REQUIREMENTS 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:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

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

Signature Name (Printed) Phone No. Date

Date: 2015.12.02 10:32:24 -05'00'

Date: 2015.12.03 15:19:13 -05'00' ate: 2015.12.06 16:51:42 -05'00'

Date: 2015.12.07 10:16:31 -05'00'