JandA_Redacted.pdf

FOUO

J&A Control Number: N104-TAO Warren Pumps

CLASS JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND

OPEN COMPETITION

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

2. Description of Action Being Approved: Award of contracts on a sole source basis for Colfax Fluid Handling (doing business as Warren Pumps, LLC and IMO Pumps) parts and technical representative services in support of the T-AO Class of MSC vessels. Warren Pumps, LLC is the sole supplier of these parts in the Defense market. The authority to act under this class justification expires on March 31, 2017.

3. Description of Supplies/Services: MSC has a continuing requirement for Original Equipment Manufacturer (OEM) parts and services to support overhaul and repairs of Colfax Fluid Handling pumps installed aboard T-AO Class Vessels. The actions executed under this class J&A have an estimated value of $ using fiscal year (FY) 2016 and 2017 United States Navy Working Capital Funds (NWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition for FAR subpart 13.5 requirements is 41 U.S.C. 1901.

5. Rationale Justifying Use of Cited Statutory Authority: Use of the authority cited in FAR Subpart 13.5, specifically FAR 13.501(a), is appropriate for this acquisition as this subpart authorizes use of Simplified Acquisition Procedures (SAP) for acquisition of parts or services greater than the Simplified Acquisition Threshold (SAT) and not exceeding $7.0 million. In accordance with (IAW) FAR 13.501(a)(2)(ii), the estimated class value for contracts to be executed under the authority of this J&A exceeds $ , but does not exceed the $ threshold ($ estimate), thus, established IAW agency procedures, the MSC competition advocate, designated pursuant to FAR 6.501, must approve the J&A.

There are currently fifteen (15) active T-AOs in the MSC fleet with approximately sixty (60) Colfax Fluid Handling brand pumps per hull. Proper refurbishment and maintenance of the pumps are critical to the safe operation of the T-AO vessels. OEM parts and services from the original manufacturer are required to ensure pump reliability and crew safety, precluding consideration of products manufactured by and services from another company. The engineering, construction drawings and technical characteristics for the manufacture of parts for these pumps are the property of Colfax Fluid Handling and its subsidiaries. The procurement of other than Colfax Fluid Handling parts could result in catastrophic damage to the pumps and loss of use of the ship for its intended mission.

FOUO

MSC does not possess or have the data rights to the manufacturing drawings and processes, OEM specifications, material tolerances, and other technical data pertaining to the pumps and pump parts, and is unable to purchase the data rights due to proprietary reasons. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM pumps is not known to MSC. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacements parts will compromise the required reliability and effectiveness of the pumps installed on the T-AO Class ships.

Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems as critical equipment. SMS 10.6-002-ALL lists Colfax Fluid Handling brand pumps as critical equipment. Failure of pumps would affect operation of the propulsion and auxiliary and safety equipment and restrict the ship to port unable to perform its required mission. Proper refurbishment and maintenance of the installed pumps are critical to the safe operations of the T- AO Class Vessels.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: In accordance with FAR 5.201(b)(1)(i), the Government intends to issue a synopsis and solicitation on FEDBIZOPPS 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 requirements are fair and reasonable pursuant to FAR 13.106-3 or 15.404-1, as appropriate on a per solicitation/contract basis.

8. Market Research: A sources sought (SS) notice was posted on the FBO website on 16 February 2016 and closed on 19 February 2016. The SS respondents were required to demonstrate the ability to provide the requested items or alternative solutions that are compatible with the existing Colfax Fluid Handling pumps. One (1) response was received to date by Warren Pumps in response to this notice. After reviewing their capability statement, the T-AO Port Engineers and the Contract Specialist made a determination that Warren Pumps possess the capability to meet potential pump requirements.

9. A Listing of the Sources, if any, that Expressed, in writing, an Interest in the Acquisition:

To date, no additional sources other than Warren Pumps, mentioned in paragraph 8, above have been identified. However, an intent to sole source/presolicitation notice will be issued via the Government Point of Entry, the FedBizOpps (FBO) website for each requirement.

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

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

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE

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

Signature Name (Printed) Phone No. Date