T-AKE_MAN_DIESEL_FY_18_CLASS_J&A_FBO_POSTING.doc

Control Number N104-T-AKE MAN DIESEL

Control Number N104-T-AKE MAN DIESEL

CLASS 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 Action Being Approved. Award of contracts on a brand name basis for MAN 8L 48/60 and 9L 48/60 diesel engine parts and technical representative services in support of the T-AKE class of MSC vessels. The authority to act under this class justification and approval (J&A) expires January 31, 2019.

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-AKE class vessels. The actions executed under this class J&A have an estimated value of approximately $XX,XXX,XXX.XX, using FY 18 and FY 19 Operation and Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority for commercial procurements greater than $150,000.00 is 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 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 is FAR Part 13.106-1 and 10 USC. 2304(c)(1), respectively, as implemented by FAR Part 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority. The engine Original Equipment Manufacturer (OEM) for T-AKE class ships is MAN Diesel, Germany (MAN Diesel).There are currently fourteen (14) active T-AKEs in the MSC fleet with two (2) MAN Diesel 8L 48/60 and two (2) MAN Diesel 9L 48/60 four-stroke turbocharged diesel engines per vessel. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AKE vessels. The OEM parts and technical data/drawings are required by United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations. Use of OEM parts and services maintains all OEM warranties and ensures engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The engineering, construction drawings, and technical characteristics of the manufactured parts for these propulsion engines are proprietary to MAN Diesel and the United States Government has not acquired rights in these data.

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 an elevated, “C4” casualty status, rendered unable to perform its primary mission of providing underway replenishment services to the fleet. Any unintended reduction in ship speed also poses an untenable hazard to the crew due to limited ship maneuverability.

MSC does not have the required manufacturing and technical information to evaluate and determine whether non-OEM components and replacement parts are equivalent to the OEM components and replacement parts. T-AKE 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 ready access to both parts and technical data/drawings from the OEM, as required to properly repair and maintain the equipment. Further, all OEM repair parts comply with USCG, ABS and International Maritime Organization regulatory requirements.

6. Description of Efforts Made To Solicit Offers from as Many Potential Sources as Practicable. In accordance with Procedures, Guidance and Information 206.302-1, the Government issued a Sources Sought on the Federal Business Opportunities (FedBizOpps) website on 27 December 2017 for fifteen days, seeking eligible business that could provide OEM MAN Diesel parts and services. There were no responses to the Sources Sought. However, MSC knows two companies that have provided these services previously, Fairbanks Morse Engine (FME) and Motor Services Hugo Stamp (MSHS). FME is a large business under the Sources Sought NAICS Code of 333618 and has no Active Exclusions on WWW.SAM.GOV as of 12 January 2018. MSHS is a small business under the Sources Sought NAICS Code of 333618 and has no Active Exclusions on WWW.SAM.GOV as of 12 January 2018. The Government intends to synopsize when required and to post Requests for Quotation (RFQs) and Requests for Proposal (RFPs) on FedBizOpps for each separate procurement, with the intent of awarding a firm-fixed-price contract.

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. Actions To Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, OEM parts and services are required for the T-AKE class MPDEs. MSC has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. Should MSC determine that OEM parts and services are no longer required, this class J&A will become null and void.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS COGNIZANCE

I certify that the facts and representations under my cognizance which are included in this class J&A and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this class J&A is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this class J&A 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.

Signature

Name (Printed) Phone No.

Date