J&A_MILLINOCKET_-_Chilled_Water_Unit_-_FedBizOps.PDF

J&A No. N104—17—Q—4l55 June 6, 2017

JUSTIFICATION AND APPRQVAL (J&A) FOR OTHER THAN FULL

AND OPEN COMPETITION

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

2. Nature of Action: MSC Norfolk has a requirement to award a contract on a brand name basis for a Carrier CHILLED WATER UNIT— 126 TON MODEL 3OHXS146—l46R—6—KA 440V/3/60HZ, MEL 532.1 SEA WATER COOLED R134A. The Original Equipment Manufacturer (OEM), for this series is Carrier Corp.” All EPF class vessels are delivered and configured for this brand.

3. Description of Supplies/Services: Provide the following complete A/C unit; CHILLED WATER UNIT 126 TON MODEL 30HXS146-l46R- 6-KA 440V/3/6OHZ, MEL 532.1 SEA WATER COOLED R134A. Based on market research, this part has a lead delivery time of 22 — 26 weeks.

Funding has been provided via Purchase Request N297867152SB91 from PM8.

4. Statutory Authority: The statutory authority for this commercial procurement is 41 U.S.C. 1901(e) (2) as implemented by

FAR Part 13.501(a), Simplified Procedures for Certain Commercial

Items, Sole Source, including Brand Name.

5. Rationale Supporting Use of Authority Cited Above: The

Joint High Speed Vessel (EPF) Class ship is built and delivered with this brand AC unit. All “as built” systems, piping and electrical are configured and designed to support this unit. In order to change brands the hardware and structural design would need to be completely re—configured at an unacceptable cost. It is mission—critical and personnel safety— critical to maintain class configuration and interchangeability across the ship class. Any deviation from the OEM parts could result in personal injury, loss of life, or equipment and system failures. Use of Carrier components will provide fit form and function of the ship’s critical cooling system as required by ABS and Safety of Life at Sea SOLAS) regulation.

MSC does not have manufacturing and technical information required to evaluate and determine whether non—OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. This is proprietary information and the

Government did not acquire rights in this data. OEM representatives have access to provide parts and technical data drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: 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.

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 13106—3(a) (2).

8. Actions to Remove Barriers to Future Competition:

Procurement will provide sufficient assets to provide Ready For Issue (RFI) support of the EPF program. EPF vessels are scheduled for annual ROH/DD5 and these critical propulsion related items must be available when required by the Ship Management Team (SMT) for immediate installation. No specific action is planned to overcome barriers to competition in subsequent procurements, other than synopsizing the requirements. The OEM part is mission critical and the use of other—than an OEM part would threaten the safe operation of the critical systems installed onboard the vessel. If another potential source emerges, MSC Norfolk 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:

Digit~IIy signed by RANDALL.RICHARDDARREN.1057036814

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Signature Name (Printed) Phone No. Date

Requirements Cognizance:

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Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

Justification is legally sufficient.

EN.ACKY.10390~

39296 ~ Stephen Copetas 443-1216 21 Sept 2017 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.

BROWN.PATRICK. ~LtDt~ D.1044-463306 ~ Patrick Brown 443—5913 21 Sept 17 Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901(e) (2) as implemented by FAR Part 13.501(a), Simplified Procedures for Certain Commercial Items, Sole Source, including Brand Name.

N/A Below Threshold _____

Name Date