Brand_Name_J A.pdf

J&A Control Number : N104-16-T-4013 Requisition Number: N215795300V147

FOUO

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 limited source/brand name basis for MAN Diesel-SEMT Pielstick Port and STBD Main Engine parts in support of a 24K hour overhaul and repair of the main propulsion diesel engines (MPDEs) installed aboard the USNS WALTER S. DIEHL (T-AO 193).

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) main engine parts to support the overhaul and repair to the MPDEs installed aboard the USNS WALTER S. DIEHL (T-AO 193). 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)(i), the proposed contract exceeds $150,000.00, but does not exceed the $700,000.00 threshold ($ estimate), thus, established IAW agency procedures, the Contracting Officer must approve the J&A.

The 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 OEM 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; the US Government did not acquire rights in this data.

FOUO

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 the T-AO vessel.

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 (FBO) website.

A sources sought (SS) notice was posted on the FBO website on 30 November 2015 and closed on 3 December 2015. The SS respondents were required to demonstrate the ability to provide the requested items or alternative solutions that also meet the minimum compatibility/operational/functional requirements. No interest was received to date in response to this notice.

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. Market Research: Market research indicated that historical requirements were solicited and awarded as brand name/limited source acquisitions utilizing the authority of FAR 6.302-1 or 13.5, as applicable. The most recent awards being N32205-16-C-4000 for the USNS TIPPECANOE and N32205-15-P-3011 for the USNS BIG HORN and USNS LARAMIE.

9. Any Other Support Documentation: Not applicable

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 or capability in writing.

11. Actions to Removed Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to allow other than the types/brand of supplies

FOUO

covered by this document. If another potential source emerges, MSC will assess whether additional 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

Signature Name (Printed) Phone No. Date

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

12/3/2015