J_and_A_Fire_Main_Charging_Pumps_FBO.pdf

DEPARTMENT OF THE NAVY

DIRECTOR

MILITARY SEALIFT COMMAND NORFOLK

471 E. C STREET

NORFOLK, VA 23511

J&A No.

JUSTIFICATION AND 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: Award of a firm-fixed price contract on a sole source basis for this one time procurement of T-AKE Class Fire Main Charging Pumps manufactured by SIMS Pump for the T-AKE Class Shore Based Spares program.

3. Description of Supplies/Services: This requirement covers the procurement of two each Fire

Main Charging Pumps manufactured by SIMS Pump for the T-AKE Class Shore Based Spares program. These pumps are installed onboard all 14 T-AKE Class vessels. The action executed under this J&A has an estimated value of $166,000.00, using M&R funding.

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: As stated in the SMS procedure

10.6-002-ALL the Damage Control Equipment is listed as critical equipment. SIMS Pump is the

Original Equipment Manufacturer (OEM) and only authorized distributor of the T-AKE Class

Fire Main Charging Pump. It is in the best interest of the government to procure these pumps from the OEM. The pumps must meet current configuration, NAVSEA, and ISO certification for T-AKE Class Ships. SIMS Pump holds exclusive proprietary data for the sole procurement of these pumps and has access to business sensitive drawings and technical data. 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 replacement parts. The loss of Damage Control Equipment may cause shipboard personnel the inability to combat emergency situations (fire or flooding), which could cause the fire to rapidly spread or uncontrolled flooding throughout the ship and may cause additional loss of life and equipment damage. The loss of Damage Control Equipment may also put the Ship in a C-4 status and forces into a No Sail status due to their lack of the ability to combat fires during emergency situations, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet. Procurement of the pumps from the OEM is critical to the safe operations of T-AKE vessel and for the safety of the crew.

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

SIMS Pump.

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, Fire Main Charging Pumps from SIMS Pump are required. If another potential source emerges, MSC Norfolk will assess at that time whether competition for future requirements is feasible.

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

_____________________ Alan Ronald 757-443-0969 22 Dec 2015

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

_____________________ Robert Hare 757-443-0973 22 Dec 2015

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW:

I have determined this justification is legally sufficient.

Signature Date Code Phone

CONTRACTING OFFICER CERTIFICATION:

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

Signature Date Code Phone