N104-16-T-4010_HUMPHREYS_with_counsel_signature2_Redacted.pdf

FOUO

J&A Control Number : N104-16-T-4010

Requisition Numbers: N214195310V087

JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

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

2. Description of Action Being Approved: Award of a contract on a brand name basis for MAN Diesel-SEMT Pielstick parts in support of repairs for the USNS JOSHUA HUMPHREYS (T-AO 188). Fairbanks Morse Engines, Inc. and Motor Services Hugo Stamp are the only authorized distributors in the United States who can satisfy the Governments requirement.

3. Description of Supplies/Services: MSC Norfolk requires parts to support overhaul and repairs to the main propulsion diesel engines (MPDEs) installed aboard the USNS JOSHUA HUMPHREYS (T-AO 188). The estimated dollar value, utilizing FY 2016 M&R funding, is

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition FAR Part 13.5, Permanent Authority for use of Simplified Acquisition Procedures for Certain Commercial Items-DARS Tracking Number 2015-00004-implementing Section 815 of the National Defense Authorization Act of Fiscal Year 2015.

5. Rationale Justifying Use of Cited Statutory Authority: The original equipment manufacturer (OEM) of the MPDEs is MAN Diesel-SEMT Pielstick of Nazaire, France, for the T-AO class ships. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AO vessels. The OEM parts and technical data/drawing from the original manufacturer are required by USCG and ABS regulations. This maintains all OEM warranties, ensures engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The engineering, construction drawings and technical characteristics for the manufactured parts for these propulsion engines are proprietary to MAN Diesel-SEMT Pielstick and the US Government did not acquire rights in this data.

MSC Safety Management Systems Number 10.6-002-ALL lists all MPDEs as critical equipment.

Failure of one MPDE will force a ship to reduce speed. The loss of two engines puts a ship in a C-4 status, thus becoming unable to perform its primary mission of providing underway replenishment services to the fleet. The reduction of speed can also pose a hazard to the crew, due to limited ship maneuverability. Proper refurbishment and maintenance of engines are critical to the safe operations of T-AO vessel.

FOUO

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. T-AO engines require special tools, specialized repair parts, and technical expertise unique to these engines; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM Representative has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government will synopsize and solicit quotes from authorized distributors via the Government Point of Entry, the FedBizOpps website.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the prices for the supplies are fair and reasonable pursuant to FAR Part 13.106-3.

8. Market Research: Market research indicated historical requirements were solicited and awarded as brand name/limited source procurements in accordance with FAR 6.302-1. The most recent award being N32205-16-C-4000 for the USNS TIPPECANOE and N32205-15-3011 for the USNS BIG HORN and USNS LARAMIE (awarded on 27 April 2015).

9. Any Other Supporting Documentation: The Independent Government Estimate (IGE) of was derived from unit prices previously paid for the same parts.

10. Interested Sources: The two known sources are Coltec Industries Inc (DBA Fairbanks Morse Engine) and Motor Services Hugo Stamp. No other sources expressed an interest in writing.

11. Actions to Removed Barriers to Future Competition: For the reasons set forth in Paragraph 5, MAN Diesel parts are required. Should MSC determine that MAN Diesel parts are no longer required, this J&A will become null and void

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.

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

CONTRACTING OFFICER CERTIFICATION

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

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 4202 of the Clinger-Cohen Act of 1996.

Name Date