USNS_RICHARD_E_BYRD_J&A.pdf

J&A No. N104-17-R-4207

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDED

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

2. Description of the Action Being Approved: This is a brand name justification for work to be provided by

Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Regular Overhaul (ROH)/Dry-Dock (DD) of the USNS RICHARD E BYRD TAKE-4 under RFP

N33205-17-R-4207. This Justification is covering only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion.

Work Items (WI)

201 – GE Power Conversion

202 – Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

203 – American Vulcan Corporation

204 – Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

231 – Fairbanks Morse Engine

205 – GE Power Conversion

206 – RENK Corporation USA/ GE Power Conversion

207 – RENK Corporation USA/ GE Power Conversion

208 – Fairbanks Morse Engine

231 – Fairbanks Morse Engine

252 - Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

285– Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

301– GE Power Conversion

305 - Point Eight Power

306 – Fairlead Integrated Power and Controls

350 – FASSMER Service America

433 – Northrop Grumman - Maritime Systems

504 – Appleton Marine

506 – Hawthorne CAT or Carter Cat

509 – Aqua-Chem Inc

511 – Trident/IMECO; Johnson Controls

512 – Compass Water Solutions

519 – GE Power Conversion

527 – Drew Marine

551 – PHEX LLC

552 – PHEX LLC

556 – Rolls Royce/ Sperry Marine/ NAVTECH

562 – Trident/IMECO; Johnson Controls

570 - Ian-Conrad Bergan Inc.

602 – FASSMER Service America

603 – FASSMER Service America

604 – FASSMER Service America

903 – Wartsila Defense / Thordon Bearing / Diehl Engineering / Maritech LLC / BELZONA

904 – Wartsila Defense

905 – Rolls Royce/GE Power Conversion

910 – Valve Automation & Control

911 – Evoqua Water Technologies

951 – Wartsila Defense

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of the above mentioned WIs during a 75-day ROH/DD availability.

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 201 - Propulsion Motor and Cooler Cleaning, Inspection, and Maintenance

WI 519 – Propulsion Shaft Turning Gear Modification TALT379

GE Energy & Power Conversion representative is required to fulfill regulatory preventative maintenance on the propulsion motors and heat exchangers. GE Energy & Power Conversion is the

Original Equipment Manufacturer (OEM) of this equipment and proprietary owner of the software and parts used to install, set-up, test, operate, and maintain the propulsion motor and associated equipment.

It is essential that only GE Energy & Power Conversion provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations. GE Energy & Power Conversion holds the MSC

IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of this critical propulsion equipment is mandatory at 2-1/2 years.

b. WI 202 MDE Fluid Flexible Connectors Replacement

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J & A N104-

T-AKE MPDE. The Original Equipment Manufacturer (OEM) of the 8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine and Motor Services

Hugo Stamp are the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by

USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

c. WI 203 - Main and Emergency Diesel Generator Coupling Inspection

T-AKE Class Main Diesel Generators and Emergency Diesel Generators were installed with American

Vulcan couplings using Fairbanks Morse (FME) and Caterpillar business sensitive drawings. These couplings are under warranty agreement with American Vulcan Corporation, FME, and Caterpillar.

Only American Vulcan, FME, and Caterpillar can provide the proper tools and service reps to service these couplings. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

d. WI 204 - No. 2 and 4 Main Diesel Engine (MDE) and Turbocharger 12K Hr Overhaul

WI 252 - MDG 1 2 3 4 Start Air System Component Overhaul

WI 285 - Engine Resilient Shock Mount Replacement

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J & A N104-

T-AKE MPDE. The Original Equipment Manufacturer (OEM) of the 8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine and Motor Services Hugo Stamp are the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by

USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

e. WI 205 - Annual Automation and Propulsion Control Inspection and Testing

GE Energy & Power Conversion representative is required to fulfill regulatory preventative maintenance on the Automation and Propulsion Control Systems.. GE Energy & Power Conversion is the Original Equipment Manufacturer (OEM) of this equipment and proprietary owner of the software and parts used to install, set-up, test, operate, and maintain the Automation and Propulsion Control

Systems. It is essential that only GE Energy & Power Conversion provide services for this equipment.

There is no other known source for this requirement; no other provider is able to provide the necessary architecture software and hardware as a complete package. GE Energy & Power Conversion holds the

MSC IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of the propulsion motors and heat exchangers are required for USCG/ABS special surveys.

f. WI 206 - Main Diesel Generator RENK Pedestal Bearing Inspection REV 2

WI 207 - Prop Mtr Pedestal Bearing Insp

RENK is the Original Equipment Manufacturer (OEM) and owner of the proprietary rights to the pedestal bearings and has proprietary rights to all parts. GE is the only other authorized company for the pedestal bearings. RENK bearings are not only designed on the MDG but also the Propulsion

Motor bearings as well. All TAKE vessels were designed with RENK bearings. The use of the OEM is paramount to maintain the integrity of the bearings for both generators and propulsion motors and their associated service and parts. The OEM authorized representative will have access to parts and technical data required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

g. WI 208 – MDE Control/Safety Inspection & Testing

WI 231 – MDG Splash Oil and Test Circuit Modification

Fairbanks Morse Engine is the OEM authorized and qualified to perform shipboard maintenance and inspections of the MDE control and monitoring circuitry. Fairbanks Morse Engine owns the technical data and proprietary information in order to inspect and provide maintenance to the splash oil system, electrical control systems and safeties. The OEM has the required knowledge, expertise, and tools to perform the work outlined in the SOWs and provide a satisfactory inspection that meets USCG/ABS requirements.

h. WI 301 – Cleaning Main Generators and Propulsion Control System

GE Energy Power Conversion is the Original Equipment Manufacturer (OEM)/Installer of this equipment. GE has exclusive knowledge of the Propulsion Motor and coolers, as well as the lubrication, electrical system and service as it is essential that only GE Energy Power Conversion provide the service for this equipment.

i. WI 305 – Emergency Switchboard Bus-Tie and EDG Breaker Replacement

Point Eight Power is the owner of the proprietary rights to the high-voltage load centers installed throughout the T-AKE class ships. The use of the OEM is paramount to maintain the integrity of the load canters and associated jumper cable assemblies. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the high-voltage load centers and associated jumper cables are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission. OEM parts and services are required to ensure the safe and continuous operation of these ship’s critical systems.

j. WI 306 - UPS, PLC, Thermographic, and Degaussing Surveys

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Controls changed its name to Fairlead Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. POWERGEN Controls, an authorized service representative has access to parts and technical data from the OEM. USCG and ABS regulation requires use of OEM parts and services. Use of either the OEM or POWERGEN Controls maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

k. WI 433 – Gyrocompass MK27F Upgrade (T-ALT 348)

Northrop Grumman - Maritime Systems is the only Company who possess the qualifications to maintain, troubleshoot, inspect and repair equipment of the Gyro Compass; software set points and hardware. This is a business proprietary design with few authorized users. In order to meet USCG and

ABS certifications T-AKE Integrated Bridge System must be fully operational, and crew trained in the safe operations of the IBS. All critical repairs and maintenance are accomplished via SBMA (Shore

Based Maintenance Agreement) per USCG/ABS. OEM technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

l. WI 504 - Cargo Crane Repairs and Re-Testing Survey and Hydraulic Hose Replacement

Proper knowledge and skill from the OEM is required to satisfactorily perform the ABS approved cargo crane inspections, checks and repairs. There are no authorized representatives for Appleton

Marine. The uninterrupted and safe operation of the Cargo Cranes is critical to the mission of the ship.

Appleton Marine owns the proprietary rights to the equipment Crane Model EB27-87-47 drawings.

OEM Appleton Technical Representative(s) must provide technical assistance to Ships Force and

NSWCCD in performing Cargo Crane inspections, torque cheeks and perform ABS rocking test on all

Cargo Cranes. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM Services are required to meet regulatory requirements of Cargo

Crane inspections, torque checks and perform ABS rocking test by ABS and the USCG for crew safety and to reduce the chances of crane failure which could result in fuel / oil spillage into the sea.

m. WI 506 – EDG Annual Testing and Inspection

Carter CAT (Carter Machinery Company, Norfolk Va) or Hawthorne CAT (San Diego, CA) are the only two known Caterpillar Engine OEM’s with T-AKE Emergency Diesel Generator experience and proprietary information capable to execute the tenants outlined in MSC Drawing 079-8387024 and

MSC Test Memo’s for the Caterpillar Model 3516B engines installed on T-AKE EDGs and capable of providing the diagnostic services required to execute a successful demonstration to ABS.

n. WI 509 Distilling Plant Maintenance (5-YR)

Aqua-Chem Inc is the Authorized Manufacturers Representatives for the TAKE Class Installed

Distilling systems. The company has the knowledge, skill and equipment to perform the requirements stated in the SOW. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

o. WI 527 – Brine System Flush

Drew Marine is the Authorized Manufacturers Representatives for the TAKE Class Installed Brine system. The company has the knowledge, skill and equipment to perform the requirements stated in the

SOW. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety

p. WI 511 - Cargo, A/C, and Ship Service Refrigeration 20K Hr Compressor Overhaul/Replacement

The cargo refrigeration system original equipment manufacturer (OEM) is Johnson Controls, Inc.

(formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE class ships. Both

Johnson Controls, Inc. and Trident/IMECO, Inc. are York International’s United States service representatives and parts distributors. Each has access to proprietary information and drawings in support of the T-AKE cargo refrigeration system. This includes proprietary rights to the software and programming codes essential for repair and programming of the alarm sensor set points of the T-AKE cargo refrigeration system.

q. WI 512 – Calibrate and Test Oily Water Separators

Compass Water Solutions is the Original Equipment Manufacturer (OEM) of the Oily Water

Separators (OWS) on the T-AKE class ships. Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on the T-AKEs, the OWS must maintain an overboard discharge of less than 5 ppm of oil content to prevent ocean contamination which could result in fines and sanctions from the Environmental Protection Agency and/or other regulatory agencies. Compass Water Solutions proprietary design and operation makes the use of Non-OEM parts incompatible with the fit form and function of this system that is in use across the T-AKE class. The use of other than OEM parts and service will not guarantee proper operation of the OWS and will violate the manufacturer’s warranty.

Additionally, the use of non-OEM parts that cause an OWS system failure could result in an overboard discharge of more than 5 ppm of oil content which is in direct violation of USCG, EPA, and ABS requirements and will present a hazard to the environment and navigation. The OEM will have access to material and proprietary technical data necessary to affect the OWS groom onboard the vessel. Lee

Engineering, Inc. is the only other known authorized representative that can provide OEM services as identified herein. Use of the OEM or OEM authorized representatives maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

r. WI 551 – LTFW Plate Cooler Cleaning and Valve Replacement

WI 552 – HTFW Plate Cooler Cleaning and Gasket Replacement

PHEX is the OEM of HTFW and LTFW Coolers onboard the T-AKE Class of Vessels. Dirty plates and basket strainers could render the Distiller/LTFW coolers useless. In turn, loss of the LTFW

Coolers makes them unable to efficiently cool, thus effecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the LTFW Coolers.

PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

s. WI 556 – Steering Gear Preventive Maintenance 7-10 Year

Rolls-Royce is the OEM of the Steering Gear. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Steering Gear. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE Class Bow Thruster systems require special tools and technical expertise unique to this Class of ships; only the OEM repair parts are authorized on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by

USCG and ABS certification for maintenance. A Sperry Marine representative is required in conjunction with Rolls Royce because Sperry Marine is the source vendor for the ship’s Bridge

Equipment. Northrop Grumman Sperry Marine, NAVTECH, and Mackay both possess the qualifications to maintain, troubleshoot, inspect and repair equipment of the Integrated Bridge System

(IBS).

t. WI 570 – Tank Level Indicator Repair and Groom

Ian-Conrad Bergan Inc.is the OEM for the Tank Level Indicator (TLI) System. Ian-Conrad Bergan

Inc. has provided all the technical information during the construction of the T-AKE class ships. Ian-

Conrad Bergan Inc.is the only known US provider of OEM components and service for ship’s TLI.

Ian-Conrad Bergan Inc. was a prime contractor to the shipbuilder, NG-NASSCO. Ian-Conrad Bergan

Inc.served as an integrator for TLI components of the tank, meaning that those tanks such as for the

Ballast water, Ship’s Fuel, and Cargo Fuel were designed and manufactured by specifically for the T-

AKE Class ships.

u. WI 350 – Accommodation Ladder Winch Replacement

WI 602 –Accom Ladder Insp and Load Testing (5-YR)

WI 603 – Lifeboat Certification and Falls Renewal

WI 604 – Rhib Certification and Falls Renewal

Fassmer Service America, LLC (“Fassmer”) is the OEM of the T-AKE Class Lifeboats, Rescue Boats, Associated davits, and Accommodation Ladders. Technical expertise is required to review and test components of the ship’s Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders.

SMS Number 10.6-002-ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment. Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two boats put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel life and rescue boat systems. OEM holds proprietary technical data for repairs and adjustments of individual systems, Technical Manual

TS800-AH-MMC-010_0_0, LIFEBOAT, TOTALLY ENCLOSED, SELF RIGHTING, FASSMER

TYPE owned by FASSMER, and proprietary technical data required to meet the SOW. Lifeboats, Rescue Boats, associated Davits, and Accommodation Ladders are unique commercial systems that was developed by shipbuilder NASSCO and contracted to FASSMER for design and maintenance support. Only OEM can provide services as requested under SOW to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test and repair these systems.

v. WI 903 - Propeller Shaft and Stern Tube Inspection

WI 904 - Stern Tube Seal Inspection

WI 951 - FW Stern Tube Lubrication System Installation (TALT 403)

Support will be provided as a sole source by Wartsila Defense Corporation of Chesapeake, VA for

Work Item 903 - Propeller Shaft and Stern Tube Inspection (ABS) and WI 904 - Stern Tube Seal

Inspection. Wartsila Defense will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor Furnished Tools (CFT). Wartsila Defense of Chesapeake is the only known

US provider of OEM components and service for Wartsila Defense equipment. Wartsila Defense was a prime contractor to the shipbuilder, NG-NASSCO, and designed and provided all of the propulsion chain components including the shafting, shaft couplings, stern tube cartridge, stern tube bearings, shaft bearing liners, and the stern tube shaft seals. Wartsila Defense served as an integrator for some components of the shaft and stern tube assemblies, meaning that those components such as the stern tube bearing were designed and manufactured by another company specifically for Wartsila Defense.

Wartsila Defense has agreements with these companies to provide repair parts for these components.

For WI 903 Thordon Bearings Inc. is the brand of the stern tube bearing which is used with the

Wartsila Defense Inc., propulsion shafting arrangement on all T-AKE vessels. A Thordon Bearing representative must be onsite to ensure proper installation of the new bearing, which is a very technical process of freezing to shrink fit into the stern tube. Only Thordon has the proprietary data and expertise to complete the installation of its bearing.

Diehl Engineering Company and Maritech, LLC are required services related to obtaining propulsion shafting strain gauge reading measurements on T-AKE Class vessels as part of an ongoing investigation to determine the root cause of stern tube bearing failures. In order to ensure the reliability of these critical readings, competition to obtain the propulsion shafting strain gauge reading measurements must be restricted to Diehl and Maritech, both world renowned in analysis of propulsion shafting systems. They both have a long history of providing MSC with excellent support in analysis of propulsion shafting systems, and have already obtained readings on a number of T-AKEs to support continuing investigations.

w. WI 905 Bow Thruster 5 year Maintenance

Rolls-Royce is the OEM of the Bow Thruster Propeller Unit and Tunnel. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Bow Thruster. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the

OEM components and replacement parts. T-AKE Class Bow Thruster systems require special tools and technical expertise unique to this Class of ships; only the OEM repair parts are authorized on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance. A General Electric (GE) Energy Power Conversion representative is required in conjunction with Rolls Royce because General Electric

(GE) Energy Power Conversion, formerly Converteam, is the single source vendor for the bow ship’s thruster. General Electric (GE) Energy Power Conversion owns the frequency and drive controllers of the bow thruster.

x. WI 910 - Overhaul Sea Valves

Valve Automation and Control (VAC) has provided all the technical information during the construction of the T-AKE class ships. Valve Automation and Control of San Diego California is the only known US provider of OEM components and service for the Motor Operated Valves (MOV).

Valve Automation and Control was a prime contractor to the shipbuilder, NG-NASSCO. Valve Automation and Control served as an integrator for the Motor Operated Valves (MOV) valve components of the sea valve assemblies, meaning that those components such as the sea valves and the

Emergency Bilge Discharge Overboard Valves were designed and manufactured by another company specifically for Valve Automation and Control (VAC). The Valve Automation and Control (VAC) have agreements with these companies to provide repair parts for these components.

y. WI 911 - Inspect and Repair Cathodic Protection

EVOQUA is the OEM of the proprietary CAPAC Impressed Current Cathodic Protection System on all T-AKE vessels. EVOQUA is the proprietary owner of the software and parts used to install, set-up, test, and operate the CAPAC Impressed Current Cathodic Protection System. OEM parts are required to ensure proper operation of the CAPAC Impressed Current Cathodic Protection System thereby reducing the electrochemical action of galvanic corrosion and damage to the hull. MSC knows of no other product that has the galvanic corrosion protection properties that would be interchangeable with the currently installed CAPAC Impressed Current Cathodic Protection System in use across the T-

AKE class. The OEM authorized representative will have access to material and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

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 for the ROH/DD availability 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 has determined the anticipated cost to the Government of the supplies/services covered by this J&A is fair and reasonable in accordance with

FAR Part 15.404-1.

8. 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 Norfolk will assess whether competition for future requirements is feasible.