J_and_A_(FBO).pdf

MILITARY SEALIFT COMMAND NORFOLK

Bldg. SP 64, 471 EAST C STREET

NORFOLK, VA 23511-2419

Control Number Nl 04-TAKE MAN

CLASS 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 Beim!Aonroved: Award of contracts on a brand name basis for MAN 8L 48/60 and MAN 9L 48/60 diesel engine parts and technical representative services in support of the T AKE class ofMSC vessels. The authority to act under this class justification expires January 31, 2016.

3. Description of Supplies/Services: MSC Norfolk requires parts and services to support overhaul and repairs to the inain propulsion diesel engines (MPDEs) installed aboard T- AKE class vessels. The actions executed under this class J&A have an estimated value of approximately $, using M&R funding.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for commercial procurements greater than $150,000.00 will be Section 4202 of the Clinger Cohen Act of 1996 as implemented by FAR Part 13.50 I (a). FAR 13.500(d) currently indicates that the authority to issue solicitations under subpart 13.5 expires on January I, 2015. Section 815 of the National Defense Authorization Act (NDAA) of Fiscal Year 2015 makes the authority permanent. The statutory authority for simplified acquisitions less than $150,000.00 and for FAR Part 15 procurements will be FAR Part 13.106-1 and 10 USC. 2304(c)(l) as implemented by FAR Part 6.302-1, respectively.

5. Rationale Supporting Use of Authority Cited Above: There are currently fourteen

(14) active T-AKEs in the MSC fleet with two (2) MAN 8L 48/60 and two (2) MAN 9L 48/60 four stroke turbocharged diesel engines per vessel. The engine Original Equipment Manufacturer (OEM) is Fairbanks Morse Engine, United States of America as licensed by MAN Diesel, Germany, for the T-AKE class ships. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AKE vessels. The OEM parts and technical data/drawings 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, Germany and the US Government did not acquire rights in this data.

NI04-TAKE MAN

Safety Management Systems Number I 0.6-002-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 ofT-AKE 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-AKE 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 I drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ASS IMO regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as

Practicable: The Government intends to synopsize when required and to post request for quotations (RFQ) and request for proposals (RFP) at the Government Point of Entry, the FedBizOpps website, for each separate procurement, with the intent of awarding a firm-fixed-price contract.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for the supplies/services is fair and reasonable pursuant to FAR Part 13.106-3 or 15.404-1, as appropriate.

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in

Paragraph 5, MAN Diesel parts and services are required. Should MSC detennine that MAN Diesel parts and services are no longer required; this J&A will become null and void.