Redacted_18Q4047_EVOQUA_JA.pdf

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), Norfolk, VA.

2. Nature of Action: Award of a contract on a brand name basis for Cathodic Protection System spare parts for the T-AO class of ships. This requirement is for the USNS KANAWHA, USNS WALTER

S. DIEHL, USNS YUKON, USNS JOHN ERICSSON, USNS JOSHUA HUMPHREYS, USNS

PATUXENT, USNS PECOS, USNS RAPPAHANNOCK, and USNS TIPPECANOE.

3. Description of Supplies/Services: MSC has a requirement to procure Original Equipment Manufacturer (OEM) Evoqua Water Technologies Cathodic Protection repair parts for the T-AO class of ships. Specifically, 32 reference cells, 44 four (4) foot anodes, and eight (8) foot anodes.

The estimated value of this procurement is $982,664.00.

4. Statutory Authority Permitting Other than Full and Open: 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 the use of Simplified Acquisition Procedures (SAP) for the acquisition of commercial parts or services greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7 million. In accordance with (IAW) FAR 13.501(a)(2)(ii), the estimated value of this acquisition does not exceed the aforementioned threshold.

The US Navy’s Combat Logistics Force (CLF) T-AO Class Replenishment Oilers provide direct support to United States and Allied Forces at sea and support combat conflicts, the War on

Terrorism, 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 spares and personnel to Carrier Strike Groups and allied forces. The critical logistics support provided by the T-AO replenishment oilers enables these afloat operational groups to remain on station without disrupting wartime and/or other military defense operations. T-AO class replenishment oilers are dispersed across five (5) Operational Commander’s Areas of Responsibility (AOR). With limited resupply ports around the world along with limited port access for United

States Navy vessels, T-AO class replenishment oilers are vital to Department of Defense military operations.

Evoqua Water Technologies is the OEM for the Cathodic Protection System. Proper knowledge and skill from the OEM is required to satisfactorily provide accurate spare parts for repairs. The

Cathodic Protection Systems protects the hull and shafting from accelerated corrosion by imparting current to the water which prevents the hull from becoming a sacrificial anode. Any deviations from OEM spare parts could result in harm to the ship, its crew, or the environment.

The procurement of other than OEM certified components could result in catastrophic damage, lead to loss of warranties, damage to connected equipment, and injury to the crew. Factory authorized parts are required by USCG and ABS regulations. This maintains all warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company.

Evoqua Water Technologies is the only authorized manufacturer to ensure fit, form, function, and quality of the subject requirement. The engineering, construction, proprietary drawings, and technical characteristics are proprietary to Evoqua Water Technologies. MSC does not possess or have the rights to the manufacturing drawings and processes, OEM specifications, material, tolerances and other technical data pertaining to the subject Cathodic Protection System. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the subject Cathodic Protection System, and procuring an alternative part will compromise the required reliability and effectiveness of the system onboard the T-AO class of ships. No other manufacturer is able to fulfill this requirement. Accordingly, the subject OEM parts must be procured from Evoqua Water Technologies or an authorized distributer.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: In accordance with Federal Acquisition Regulation (FAR) 5.201(b)(1)(i), the Government intends to synopsize this requirement on the Governmentwide Point of Entry (GPE) located at www.FBO.gov with the intent of awarding a firm fixed price contract.

7. Contracting Officer’s Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is fair and reasonable pursuant to FAR Part 13.106-3.

8. Description of Market Research Conducted: The Contract Specialist contacted Evoqua Water

Technologies directly to inquire about the availability of Evoqua Water Technologies parts through authorized distributers on 13 December 2017. The Contract Specialist was informed that Evoqua

Water Technologies works through two (2) authorized distributers, Pioneer Industries and MHP

Electric. Accordingly, it was determined that this requirement should be competed on a brand name basis, allowing for the manufacturer and all authorized distributors to submit a quote.

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

10. 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. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible. Furthermore, market research will be conducted for all future requirements.

http://www.fbo.gov/

CERTIFICATION AND APPROVALS

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

Competition Advocate:

Signature Name (Printed) Phone No. Date

757-443-0968 18 DEC 2017ANGELA BELL

BELL.ANGEL

A.RENITA.111

6290371

Digitally signed by

BELL.ANGELA.RENITA.

1116290371 Date: 2017.12.18 13:52:13 -05'00'

Signature Name (Printed) Phone No. Date

MAKUCH.BRYAN

.J.1378392752

Digitally signed by MAKUCH.BRYAN.J.1378392752 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=MAKUCH.BRYAN.J.1378392752 Date: 2017.12.19 08:39:41 -05'00' nicolle.vasquez Typewritten Text Nicolle A. Vasquez 757-341-5528 27 Dec 2017 henry.bijak Typewritten Text Henry Bijak henry.bijak Typewritten Text 757-443-5959 henry.bijak Typewritten Text 27 Dec 2017