JA-T-AKE_Class_Service_Order-Main_Diesel_Life_Cycle_Support.docx

J&A No. N104-3-16-T-4328

DEPARTMENT OF THE NAVY

DIRECTOR

MILITARY SEALIFT COMMAND NORFOLK

471 E. C STREET

NORFOLK, VA 23511

J&A No. N104-3-16-T-4328

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

SOLE SOURCE

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

2. Description of Action Being Approved: Award of a firm-fixed price contract to Fairbanks Morse Engine to accomplish engineering tasks to support T-AKE main diesel life cycle support.

3. Description of Supplies/Services: This requirement covers accomplishing engineering tasks for T-AKE main diesel life cycle support including revising the T-AKE main diesel maintenance plan, revising OEM tech manual to incorporate the splash oil and SACOS UPS T-ALTs, revising MCCS Periodic/USCG Periodic Safety Test Procedure to address of splash oil and SACOS UPS T-ALTs, provide remote troubleshooting support, and provide engineering support to address obsolescence issues.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for this procurement is the test program for commercial items (Section 4202 of the Clinger Cohen Act of 1996) implemented at FAR 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority: SMS procedure 10.6-002-ALL identifies the T-AKE main diesels are listed as critical equipment. The T-AKE main diesel engine original equipment manufacturer (OEM) is MAN B&W in Augsburg, Germany. Fairbanks Morse Engine (FME) is the MAN B&W licensee in the United States for these engines. FME has an exclusive right to provide MAN parts and service within the United States and its territories for engines built for the United States government or used on United States Navy vessels.

The rights include access to business sensitive technical manuals, drawings, the ability to procure parts directly from the OEM, and provide service under warranty. Any changes made to T-AKE main diesel maintenance plans, without FME and MAN concurrence, could cause irreversible damage and catastrophic failures. In addition, regulatory bodies (ABS/USCG) would not accept changes to maintenance plans or technical manuals without concurrence from the original equipment manufacturer or their designated licensee.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to synopsize and to post a request for quotations (RFQ) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to Fairbanks Morse Engine.

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

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in paragraph 5, services are required to be provided by Fairbanks Morse Engine. If another potential source emerges, MSC Norfolk will assess at that time whether competition for future requirements is feasible.

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