J_and_A_T_AKE_Class_BRIDGE_Annuals_1.docx

MILITARY SEALIFT COMMAND NORFOLK SP64 471 EAST C STREET NORFOLK, VA 23511-2419

8 June, 2016 N104-16-T-4317

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

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

2. Nature of Action: Award of a contract on a limited source basis for the ABS Annual Inspections and annual maintenance of the Navigation Integrated Bridge System (IBS) onboard T-AKE CLASS of ships listed in the paragraph (3) below. Authority to act under this justification expires on September 30, 2017.

3. Description of Supplies/Services: The action is submitted for the USCG/ABS/SOLAS required annual inspections of the of the bridge communication and navigation equipment onboard the T-AKE CLASS of ships under other than full and open competition as Brand Name Limited Source. A Brand Name Limited Source firm fixed price type contract is anticipated for award to Northrop Grumman Systems Corp authorized technicians (FAR 13.501(a)). This procurement is a FAR Part 12 acquisition being conducted under FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items. The required period is 10/01/2016 to 9/30/2017, at the estimated price of $193,300.00 using FY16 funding.

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4. Statutory Authority: The authority permitting other than full and open competition is as implemented by Federal Regulations (FAR)13.501(a)(1)(i) and (ii) Simplified Procedures for Certain Commercial Items, section 4202 of the Clinger-Cohen Act of 1996.

5. Rationale Supporting Use of Authority Cited Above: Northrop Grumman Systems Corp (NGSC) is the OEM for T-AKE Class Navigation Integrated Bridge System (IBS). The OEM holds proprietary software for repairs and adjustments of T-AKE IBS, VDR Gyro, and GMDSS systems, and proprietary technical data required to meet the Statement of Work. T-AKE Class IBS is a unique commercial system that was developed by shipbuilder NASSCO and contracted to Northrop Grumman Systems Corp for design and maintenance support. Only an OEM authorized representatives can provide services as requested under the Statement of Work to maintain system integrity. Similar companies do not have the required software to review, test, and repair the IBS and Gyro. Northrop Grumman Systems owns the proprietary software to make any changes or fine tuning adjustments to the IBS onboard T-AKE Class. Only an OEM can provide services as requested under the Statement of Work to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems. MSC does not have the 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. The OEM rep has access to provide parts and technical data/drawings from the original manufacturer, as required to properly repair and maintain the equipment.

The OEM owns the technical data and software required to maintain and adjust settings of the Integrated Bridge System and Gyro Compass. This is a business proprietary design with limited authorized users. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System must be fully operational, and crew trained in the safe operations of the IBS. OEM technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required to provide these services.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: The Government intends to post a request for quote (RFQ) at the Government Point of Entry, FedBizOpps website, on or before 01 Octocber 2016 with the intent of awarding a firm-fixed-price contract on a Brand Name basis. Market research indicates Northrup Grumman and Navtech Marine are the only distributors for NGSC.

7. Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is determine fair and reasonable pursuant to Federal Acquisition Regulations (FAR) Part 13.106-3(a)(2).

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

9. 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

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.

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