FBO_J A_CASREP_USNS_LEWIS_ _CLARK_16-T-4354.docx

N104-16-T-4354

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

UNUSUAL AND COMPELLING URGENCY

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC), Norfolk, VA 23511-2419.

2. Nature of Action: MSC has a requirement basis for the emergent repairs and testing of installed Cargo Cranes for USNS LEWIS AND CLARK T-AKE 1. USNS LEWIS & CLARK issued a level 3 CASREP for the cargo crane’s failure.

3. Description of Supplies/Services: Provide the services of authorized Appleton Marine Technicians to support ABS annual cargo gear survey and provide OEM replacement parts to conduct the emergent repairs to clear CASREP 16-010 and 16-011 on the cargo cranes. The estimated value of this requirement is $247,000.00.

4. Statutory Authority Permitting Other Than Full and Open Competition: This contractual action is executed under the authority of 10 U.S.C. 2304(c)(2) as implemented by FAR 6.302-2 Unusual and compelling urgency.

5. Rationale Justifying Use of Cited Statutory Authority:

During the annual cargo crane inspection, it was determined that the load block insulator on the #1 and #2 cargo cranes did not match its trammel gauge, rendering the cranes inoperable. It was also noted that the #3 and #4 cargo cranes hydraulic extension cylinders were severely leaking. The leaking cylinders do not render the cranes inoperable, but extremely limits its capability to perform mission critical functions. The conditions of the cargo cranes required the USNS LEWIS & CLARK to issue CASREP’s 16-010 and 16-011. The USNS LEWIS & CLARK is now in a CASREP Category 3 status, which causes a deficiency and degradation in mission essential equipment affecting overall operational readiness.

The failure indicated is unique to Appleton Marine and it’s urgent to have its representative’s onsite for the continued safe operation of the vessel. Without proper operation, vessel and crew safety including environmental impact is at risk.

Appleton Marine, is the OEM for the four (4) cargo cranes, model EB270-87-47. Proper knowledge and skill from the OEM is required to satisfactorily repair and perform the ABS approved cargo crane inspections, hydraulic torque checks and ABS rocking test. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury or equipment failure and damage.

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE Cargo Cranes require special tools and technical expertise unique to these cranes; only the OEM is authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance.

Failure to meet a required operational status may result in delay of intended ship’s mission, which may result in serious harm to the Government due to the inability to this vessel meet the specific and unique mission needs.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable:

The Contracting Officer will continue to synopsize and solicit each requirement in FEDBIZOPPS, unless there is an urgent and compelling need for the service and/or parts. In that case, a procurement-specific J&A for unusual and compelling urgency will be executed and included in the file. For the reasons set forth in paragraph 5, this procurement will be solicited as Unusual and Compelling Urgency.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price is fair and reasonable pursuant to FAR 13.106-3, based on historical similar purchases and competition.

8. Actions to Remove Barriers to Future Competition: No specific action is planned to overcome barriers to competition in subsequent procurements other than synopsizing the requirements. Market research confirms Appleton Marine representatives are available that can accomplish this work. If another source emerges, MSC will assess whether competition for future requirements is feasible.