Alfa_Laval_Inc_Purebilge_2505_-J_and_A_FBO.doc

February 20, 2018

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

SOLE SOURCE

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

2. Nature of Action: Award of a purchase order on a Sole Source basis for the procurement of Alfa-Laval Purebilge 2505 and technical services for USNS Arctic T-AOE 8 and USNS Supply T-AOE 6 with delivery for September 1st, 2018.

3. Description of Supplies/Services: MSC has a requirement to procure the Purebilge 2505 to install in accordance with Transportation Alteration(TALT) 16-301. Accordingly, the actions executed under this Justification and Approval (J&A) have an estimated value of approximately $296,210.

4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority for this commercial procurement greater than $150,000.00 will be 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. Section 815 of the National Defense Authorization Act (NDAA) of Fiscal Year 2015 makes this authority permanent. The statutory authority for simplified acquisitions less than $150,000.00 and for FAR Part 15 procurements will be FAR 13.106-1 And 10 U.S.C. 2304 (c)(1), respectively, as implemented by FAR Part 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority: Alfa-Laval,Inc. is the Original Equipment Manufacturer (OEM) for the required equipment as per TALT 16-301. Proprietary knowledge and skill from the OEM is required to satisfactorily supply parts and install equipment to maintain required International Convention for the Prevention of Pollution from Ships (MARPOL) compliance. Any deviations from OEM parts, repairs, or tests could result in regulatory non-compliance or equipment failure and damage to the environment if the ship inadvertently discharges oily waste.

MSC does not have the manufacturing and technical information necessary to evaluate and determine whether non-OEM services, equipment, and replacement parts offered are equivalent to the OEM equipment, components, and replacement parts required for the Purebilge 2505 as per TALT 16-301 to maintain compliance. Only the OEM is authorized to supply equipment and provide technical services on this highly sophisticated equipment. The OEM has access to provide parts and technical data/drawings/service as required by USCG and ABS certification for parts and maintenance.

6. Description of Efforts Made To Solicit Offers from as Many Offerors as Practicable: The Contracting Officer will continue to synopsize and solicit each requirement in FEDBIZOPPS, unless there is an urgent and compelling need for the services 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 Federal Acquisition Regulations (FAR) Part 13.106-3.

Actions To Remove Barriers to Future Competition: No specific action is planned to overcome barriers to competition in subsequent procurements, other than synopsizing the requirements. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.