JA_Closed_Loop_Fresh_Water_Flush_Class_Buy.rtf

Control Number N104-17-T-4267

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

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

Nature of Action: This is a sole source justification to procure stern tube parts under Request for Quote N32205-17-T-4267 for the USNS MATTHEW PERRY (T-AKE 9) and USNS CESAR CHAVEZ (T-AKE 14) with options for the remaining nine (9) T-AKEs that need to be outfitted with this system.

Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) stern tube assembly parts in preparation for the USNS MATTHEW PERRY (T-AKE 9) and USNS CESAR CHAVEZ (T-AKE 14) Regular Overhaul/Dry Docking (ROH/DD). Funding has been provided via Purchase Requests N23199-6291-4913 and N29003-6312-4419 from PM8. Estimated value, including options, for this procurement is $2,180,000.00. The options will be funded through the applicable FY funding for each vessel prior to its upcoming scheduled dry docking. Details of parts and quantities per vessel required for this procurement are listed in the table below:

DESCRIPTION

PART #

QUANTITY

Face Carrier Assembly H74985-02/4 Face Assembly H74985-02/5 Aft Seal Assembly H79352-01 Water Circulation Package H79807-01 Rope Cutter

PAAG255431

Statutory Authority Permitting Other Than Full and Open Competition:

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--Brand Name.

Rationale Supporting Use of Authority Cited Above: There are currently fourteen

(14) active T-AKEs in the MSC fleet with WARTSILA Defense designed propulsion shafting systems. The propulsion system Original Equipment Manufacturer (OEM) is WARTSILA Defense for the T-AKE class ships. Proper refurbishment and maintenance of the propulsion shafting system is critical to the safe operation of the T-AKE vessels. The OEM parts and technical data/drawings 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 another company. The engineering, construction drawings and technical characteristics for the manufactured parts for these propulsion engines are proprietary to WARTSILA Defense and the US Government did not acquire rights in this data.

Safety Management Systems Number 10.6-002-ALL lists the propulsion shafting as critical equipment. Failure of the shafting system will result i n a loss of mobility and render the ship dead in the water. The loss mobility puts the ship in a C-4 status, thus becoming unable to perform its primary mission of providing underway replenishment services to the fleet. Additionally, pending the cause of casualty it could lead to sever flooding and if not contained lead to loss of the vessel and loss of life.

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-AKE propulsion shafting system requires special tools, specialized repair parts, and technical expertise; 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 / 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.

Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practicable: IAW DFARS PGI 206.302-1, the Government issued a Sources Sought on Federal Business Opportunities on 2 February 2017 for five days, seeking eligible business that could provide OEM WARTSILA Defense parts and services. There were no responses to the Sources Sought. 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.

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.

Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, WARTSILA Defense parts and services are required. Should MSC determine that WARTSILA Defense parts and services are no longer required, this J&A will become null and void.

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

Requirements 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 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 Section 4202 of the Clinger-Cohen Act of 1996.