JA_17-R-4008_Redacted.pdf

J&A No. N104-17-R-4008

JUSTIFICATION AND APPROVAL 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: This is a justification for work to be provided under Work Items (WI) 202, 203, 204, 401, 402, 403, 405,511, 508, 608, 609, 610, 611, and 612 of the Statement of Work (SOW) for the of the USNS HENRY J KAISER (T-AO 187) under RFP N32205- 17-R-4008.

This Justification is covering only the portion of the acquisition which an OEM Authorized Facility/Manufacturer/Representative is required and the approval level requirements will then only apply to that portion.

3. Description of Supplies/Services: MSC requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of WI 202, 203, 204, 401, 402, 403, 405 508, 511, 608, 609, 610, 611, and 612 for the 42 day M The estimated dollar value of the fifteen (15) WIs is which will be funded utilizing FY 18 Navy Working Capital Funds

(NWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority:

a. WI 202, Main Engine Clutch/Coupling Overhaul

The Original Equipment Manufacturer (OEM) for the Power Take Off (PTO) Clutch/Coupling Assembly is Eaton Corporation, Airflex Division. Eaton Corporation, Airflex Division provides original OEM repair parts and service for their equipment.

Proper refurbishment and maintenance of the PTO Clutch/Coupling Assembly is critical to the safe operation of the electrical power generation system onboard USNS HENRY J KAISER (T-AO 187). Eaton Corporation, Airflex Division Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer Authorized Vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. Safety Management Systems (SMS) number 10.6- 002-01-AO lists the Electrical Generating System as critical equipment. The PTO Clutch/Coupling Assembly is in integral part of the Electrical Generating System arrangement and failure of this system will severely impede the ships ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the Electrical Generating System is critical to the safe operations of the USNS HENRY J

KAISER (T-AO 187).

b. WI 203, Main Engine Turbocharger Overhaul

The Original Equipment Manufacturer (OEM) for the Main Engine Turbo Chargers is ABB. ABB provides original OEM repair parts and service for their equipment. Proper refurbishment and maintenance of the Turbo Chargers is critical to the safe operation of the Main Engines onboard USNS HENRY J KAISER (T-AO 187). ABB Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer Authorized Vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. Safety Management Systems (SMS) number 10.6-002-01-AO lists the Main Propulsion Engines as critical equipment. Failure of the Main Propulsion Engines will severely impede the ships ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the Main Propulsion Engine Turbo Chargers are critical to the safe operations of the USNS

HENRY J KAISER (T-AO 187).

c. WI 204, Propeller System Maintenance and OD Box Replacement

The Original Equipment Manufacturer (OEM) for the vessel’s Controllable Reversible Pitch (CRP) Propeller is Bird Johnson. Bird Johnson, as the OEM, is the only authorized vendor to provide parts to their equipment. Factory parts and proprietary technical data/drawings are only available from the original manufacturer. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Propulsion CRP System as critical equipment.

Failure of the CRP System will severely impact the safe operation of the ship by controlling the forward or astern movement of the vessel. Proper refurbishment and maintenance of the CRP System is critical to the safe operations of the USNS HENRY J

KAISER (T-AO 187).

d. WI 401, Radar ECDIS Annual Maintenance (USCG & ABS)

The Original Equipment Manufacturer (OEM) for the vessel’s Radar is FURUNO and the ECDIS is TRANSAS. FURUNO and TRANSAS have numerous authorized vendors to provide service to their equipment. Vendor is required to provide documentation with a certificate of approved training for the FURUNO Radars and TRANSAS units installed.

Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company.

The SMS number 10.6-002-ALL lists the radar as critical equipment. Loss of RADAR would essentially leave the vessel blinded during any condition that impairs the human visual or over the horizon detection of obstacles /threats. Without the RADAR systems fully operational this would leave the vessel in a no sail situation. Proper refurbishment and maintenance of the radar ECDIS is critical to the safe operations of the USNS Henry J Kaiser (T-AO 187).

e. WI 402, Global Marine Distress and Safety (GMDSS) Annual Recertification (United States Coast Guard (USCG) and American Bureau of Shipping (ABS))

The OEM for the vessel’s GMDSS is FURUNO Japan LTD. (i.e., Sailor Thrane & Thrane). FURUNO has numerous authorized vendors to provide service to their equipment. The vendor is required to provide documentation with a certificate of approved training for the FURUNO FS-5000 GMDSS Console unit that installed on the ship. Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. The SMS number 10.6-002-01-AO lists the navigational equipment as critical equipment, and the GMDSS is a requirement of USCG and ABS certification. This equipment provides several means of communication and distress signaling including Search and Rescue Transponders (SARTs) and Emergency Position Indicating Radio Beacon (EPIRB). A USCG or ABS approved and OEM trained vendor must accomplish service of the GMDSS. Proper refurbishment and maintenance of the GMDSS is critical to the safe navigation and operations of the USNS Henry J Kaiser (T- AO 187).

f. WI 403, Simplified Voice Data Recorder (SVDR) Annual Rectification (USCG &

ABS)

The OEM for the vessel’s SVDR is NETWAVE formerly RUTTER. The vendor is required to provide documentation with certificate of approved training for the SVDR unit installed. Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. The SMS number 10.6-002-01-AO lists the navigational equipment as critical equipment and the SVDR is part of the vessel’s safety radio certificate, as required by ABS. The SVDR (i.e., black box) is a USCG and ABS required system integrated into the radar and Electronic Chart Display and Information System (ECDIS) to records ship movements. A USCG or ABS approved and OEM trained vendor must accomplish service of the SVDR. If inoperable the ship cannot sail without proper authorization or waviers. Proper refurbishment and maintenance of the SVDR is critical to the safe navigation and operations of the USNS HENRY J KAISER (T-AO 187).

g. WI 405, NAVIGAT X Gyro Systems Preventative Maintenance

The OEM for the equipment is Sperry Marine. A Sperry qualified rep for servicing, parts, and repairs are required to certify and ensure proper operation and bearing (heading accuracy). This is the primary electronic means available for determining ships heading and supplies this information to multiple equipment on the bridge and must be certified accurate and available for the vessel during navigation for safe passage. This is a USCG requirement. Proper refurbishment and maintenance of the Gyro Compass is critical to the safe operation of the USNS Henry J. Kaiser (T-AO 187). Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. The SMS number 10.6- 002-01-AO lists the navigational equipment as critical equipment required by USCG and

ABS for certification. A USCG or ABS approved and OEM trained vendor must accomplish service of the Gyro Compass. Proper refurbishment and maintenance of the Gyro System is critical to the safe navigation and operations of the USNS HENRY J

KAISER (T-AO 187).

h. WI 511, No. 3 SSDG 24K Overhaul

Fair Banks Morse Engine is the sole source provider for the Ship Service Diesel Generator (SSDG). The MFR: ALCO Power INC./ Fairbanks Morse Engine Owns all rights and documentation for the Model 251 F V-18 Cylinder 4 Cycle Diesel Engine. Per the Safety Management System (SMS) Number 10.6-002-ALL the SSDG Equipment is considered Critical equipment and all parts and service shall be performed by the original equipment Manufactory or an approved representative. There is only one representative identified for procurement of parts and services for these engines and that is Fairbanks Morse.

i. WI 508, Boiler Feed Pump Relocation

Clayton Industry’s is the Original Equipment Manufacturer (OEM) for the vessel’s Auxiliary Boilers. Clayton Industry’s, is the sole source to provide repair parts and service to their equipment, for the Clayton Model E-204 oil fired boiler units that are installed. Factory authorized parts and proprietary technical data/drawings only available from the authorized vendors. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company.

Safety Management Systems (SMS) number 10.6-002-01-AO lists the Auxiliary boiler as critical equipment. Without the boiler vessel would not be able operate auxiliary equipment such as fuel oil and lube oil purifiers which are an integral part of the Main Propulsion Engines. Failure of this system will severely impede the ships ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the auxiliary boilers is critical to the safe operations of the USNS HENRY J KAISER (T-

AO 187).

j. WI 608, Lifeboat Davit Annual Service

The OEM for the vessel’s Lifeboats is Survival Systems International. Palfinger Marine.

is the OEM authorized vendor and suppliers of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Lifeboats is critical to the safe operation of the USNS HENRY J KAISER (T-AO 203) as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. SMS number 10.6-002-ALL lists the Lifeboats as critical equipment. Failure of Lifeboats is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the Lifeboats is critical to the safe operations of the USNS HENRY J KAISER.

k. WI 609, Lifeboat Annual Service

The OEM for the vessel’s Lifeboats is Survival Systems International. Palfinger Marine.

is the OEM authorized vendor and suppliers of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Lifeboats is critical to the safe operation of the USNS HENRY J KAISER (T-AO 187) as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company. SMS number 10.6-002-ALL lists the Lifeboats as critical equipment. Failure of Lifeboats is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the Lifeboats is critical to the safe operations of the USNS HENRY J KAISER.

l. WI 610, Rescue Boat Annual Service

The United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) requires the annual inspection of the Rescue Boats and all safety equipment to satisfy Regulatory Requirements. The Original Equipment Manufacturer (OEM) for the vessel’s Rescue Boats was Ocean Tech and the Boat Engines OEM and is now Steyr. Ocean Tech is no longer in business and the Palfinger Marine is a Steyr OEM authorized vendor and supplier of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Rescue Boats is critical to the safe operation of the USNS HENRY J KAISER (T-AO 187) and essential to crew safety in the event of an emergency. Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured or services provided by another company.

SMS number 10.6-002-ALL lists the Rescue Boat and Davit Assemblies as critical equipment. Failure of RHIB and Davit Assemblies is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the RHIB and Davit Assemblies is critical to the safe operations of the USNS HENRY J KAISER (T-AO 187).

m. WI 611, Port Rescue Boat Winches and Davits

The Original Equipment Manufacturer (OEM) for the vessel’s Port Rescue Boat Davit is Allied Technical Services. The Rescue Boat Winch & Davit is the only means available to launch and recover the Rescue Boat from the vessel. Allied Technical Services is the only OEM authorized vendor and supplier of approved repair parts and service their equipment. Proper refurbishment and maintenance of Rescue Boat Davits is critical to the safety of the crew and operation of the winch and davit aboard the USNS HENRY J KAISER (T-AO 187). Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations.

This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured or services provided by another company. SMS number 10.6-002-ALL lists the RHIB and Davit Assemblies as critical equipment. Failure of RHIB and Davit Assemblies is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the RHIB and Davit Assembly is critical to the safe operations of the USNS HENRY J KAISER (T-AO 187).

n. WI 612, Stbd Rescue Boat Winch & Davit Service

The Original Equipment Manufacturer (OEM) for the vessel’s Starboard Rescue Boat Davit is Palfinger Marine. The Rescue Boat Winch & Davit is the only means available to launch and recover the Rescue Boat from the vessel. Palfinger Marine is the OEM authorized vendor and supplier of approved repair parts and service for their equipment.

Proper refurbishment and maintenance of Rescue Boat Davit is critical to the safety of the crew and operation of the winch and davit aboard the USNS HENRY J KAISER (T- AO 187). Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations.

This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-ALL lists the Rescue Boat and Davit Assemblies as critical equipment. Failure of RHIB and Davit Assemblies is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the RHIB and Davit Assembly is critical to the safe operations of the

USNS HENRY J KAISER (T-AO 187).

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

The Government intends to post a synopsis and a Request for Proposal (RFP) at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor to perform the work in the related WIs.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable in accordance with FAR Part 15.

8. Market Research: The USNS HENRY J. KAISER (T-AO 187) is home ported on the west coast and therefore considered a west coast asset. All non-emergent vessel repairs are required to be conducted on the west coast. The purpose of market research was to collect historical information from the ship’s last three (3) vessel repair availabilities.

Purchase Order’s N32205-16-C-4008, N32205-15-C-1008, and N32205-14-C-1007 were the contract numbers identified. In researching this information, it was discovered that previous HENRY J. KAISER procurements were solicited and awarded on an unrestricted basis under NAICS code 336611 with a standard business size of 1,250 employees.

9. A Listing of the Sources, if any that expressed, in writing, an interest in the Acquisition: A sources sought notice was posted on 08 June 2017 with a response date of 15 June 2017. Vigor Marine, LLC and BAE Systems Ship Repair San Diego expressed an interest in the instant requirement by the time and date required in the sources sought notice.

10. Actions to Removed Barriers to Future Competition: For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. 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

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 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