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Control Number N104-TAO FME/MSHS

CLASS 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 contracts on a brand name basis for MAN Diesel-SEMT Pielstick parts and technical representative services in support of the T-AO class of MSC vessels. The authority to act under this class justification expires on , 2017.

3. Description of Supplies/Services: MSC requires parts and services to support overhaul and repairs to the main propulsion diesel engines (MPDEs) installed aboard T- AO class vessels. The actions executed under this class J&A have an estimated

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority for commercial procurements greater than $150,000.00 (but not exceeding $7.0M) is FAR subpart 13.5 and 41 U.S.C. 1901. The statutory authority permitting other than full and open competition for FAR part 15 requirements is 10 USC.

2304(c)(l) as implemented by FAR Part 6.302-1, respectively.

5. Rationale Supporting Use of Authority Cited Above: There are currently fifteen

(15) active T-AOs in the MSC fleet with two (2) MAN Diesel-SEMT Pielstick PC4.2 MPDEs per hull for a total of thirty (30) class-wide. The original equipment manufacturer (OEM) of the MPDEs is MAN Diesel-SEMT Pielstick of Nazaire, France, for the T-AO class ships. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AO vessels. The OEM parts and technical data/drawing from the original manufacturer are required by USCG and ABS regulations. This maintains all OEM warranties, ensures engine reliability and crew safety, therefore precluding consideration of a product manufactured by and technica l represent at ive services from another company. The engineering, construction drawings and technical characteristics for the manufactured parts for these propulsion engines are proprietary to MAN Diesel-SEMT Pielstick and the US Government did not acquire rights in this data.

MSC Safety Management Systems Number 10.6-002-ALL lists all MPDEs as critical equipment. Failure of one MPDE will force a ship to reduce speed. The loss of two engines puts a ship in a C-4 status, thus becoming unable to perform its primary mission

Control Number N104-TAO FME/MSHS

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. T-AO engines require special tools, specialized repair parts, and technical expertise unique to these engines;

only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM Representative has access to provide parts and technical data and 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 Practicable: The Government intends to synopsize when required and to post request for quotations (RFQ) and request for proposals (RFP) at the Government Point of Entry, the FedBizOpps website, for each separate procurement, with the intent of awarding a firm-fixed-price contract or purchase order, as appropriate.

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 or 15.404-1, as appropriate.

8. Market Research: A sources sought (SS) notice was posted on the FBO website on 1 March 2016 and closed on 14 March 2016. The SS respondents were required to demonstrate the ability to provide the requested items or alternative solutions that are compatible with the existing MAN Diesel parts and services. No responses were received to date in response to this notice.

9. A Listing of the Sources, if any, that Expressed, in writing, an Interest in the Acquisition: No responses were received in response to the Sources Sought notice that was issued on 10 March 2016 and which closed on 14 March 2016.

10. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the type of services covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. Future requirements for MAN Diesel parts and services will be advertised in Federal Business Opportunities.

11. 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.

Date

Legal Sufficiency Review:

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

Date

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

Competition Advocate:

Signature Name (Printed) Phone No. Date

03/17/2016

3/18/2016

4-29-2016