N104-17-Q-4042_redacted.pdf

N104-17-Q-4042

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of the Action Being Approved: Award of a firm-fixed price contract to an authorized ANSUL material distributor and/or technical service provider for factory assembled Aqueos Film Foam (AFFF) firefighting systems in support of the T-AO class of MSC vessels.

3. Description of Supplies/Services: MSC has a requirement to procure AFFF firefighting systems to replace the existing systems installed onboard the T-AO Class Vessels. The required systems shall be an approved design fabricated by an approved ANSUL distributor who regularly engages in the production of commercial marine foam firefighting systems. The AFFF systems must be compatible with ANSUL 3x3 LV AFFF Concentrate, the existing shipboard piping arrangements, the existing AFFF distribution requirements, zone automation requirements, and equipment space requirements. The action executed under this J&A has an estimated value of approximately inclusive of a base and fourteen (14) options. The base year estimate is using fiscal year (FY) 2018 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 Supporting Use of Authority Cited Above: 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 $700,000.00, but does not exceed the $13.5 million threshold Thus, IAW agency procedures, the MSC competition advocate, designated pursuant to FAR 6.501, must approve the J&A.

The US Navy's Combat Logistics Force (CLF) T-AO Class Replenishment Oilers provide direct support to US and Allied Forces at sea and support combat conflicts and disaster relief around the globe. Their primary mission is to shuttle fuel oil to support ship and aviation operations and to provide sustainment such as fresh fruits and vegetables, vital repair spare and personnel to Carrier Strike Groups and allied forces. Fifteen T-AO class replenishment oilers are dispersed across the five Operational Areas of Responsibility (AOR). With limited resupply ports around the world along with limited port access for US Navy vessels, T-AO class replenishment oilers are vital to Department of Defense military operations.

In accordance with the MSC Safety Management Systems procedure 10.6-002-AO, the fire-fighting systems on the replenishment oilers are categorized as critical ship equipment. Critical Ship Equipment is defined as equipment and systems that are necessary to sustain the proper operation and mission capability of the ship. Failure of these equipment items and systems would pose a hazard to the ship, its crew, or the environment.

ANSUL is the OEM for the AFFF firefighting systems. These systems protect the ship from catastrophic loss of life due to fires. The use of non-OEM components would void the certification of these systems. These systems are certified and approved by ABS and USCG and are required to be maintained with OEM-approved parts. Additionally, authorized ANSUL distributors use Ansul components IAW Ansul Marine Foam Systems Design, Installation and Maintenance Manual (Ansul P/N 417981-1) and are Type Approved per USCG Approval 162.033/14/0. Without USCG Type Approved AFFF firefighting systems that meet the existing requirements outlined above, a T-AO vessel will not be able to perform mission essential requirements and will be restricted to port.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: In accordance with FAR 5.201(b)(1)(i), the Government intends to issue a synopsis and solicitation on FEDBIZOPPS for this contract, 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.

8. Market Research: Market research was performed by contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements and reviewing the internet to determine whether or not ANSUL had any authorized distributors of material capable of meeting the Government’s requirement.

Market research revealed many sources including Western Fire & Safety Co., Inc., Harris Fire Protection Company Inc., and The Hiller Companies, Inc. All possess the capability to meet the Government’s requirements.

9. A Listing of the Sources, if any, that Expressed, in writing, an Interest in the Acquisition: To date, no additional sources have expressed an interest in writing.

However, this requirement will be synopsized and solicited via the Government Point of Entry, the FedBizOpps (FBO) website.

10. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, systems provided by ANSUL and their authorized distributors are required.

Should MSC determine that ANSUL compatible systems are no longer required; this J&A will become null and void.

Technical/Requirements Cognizance:

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.

Signature Name (Printed) Phone No. Date

Legal Sufficiency Review:

I have reviewed this justification and it is deemed to be 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 belief.

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