JA_USNS_MERCY_REDACTED.pdf

N104-17-Q-4555 September 25, 2017

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), Norfolk.

2. Description of the Action Being Approved: This is a brand name, sole source justification and approval (J&A) for the use of other than full and open competition that will result in a firm fixed price contract to purchase replacement parts for the USNS MERCY’s (T-AH 19) two (2) Marine Sanitation Devices (MSDs). The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

3. Description of Supplies/Services: Provide two (2) Omnipure MSD controllers, part number O15MX/6-EP-01 and six (6) Omnipure Cable and Glands, part number O15MX/6/CABLE/KIT.

The required delivery date is 15 June 2018.

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304

(c) (1) implemented at FAR 6.302-1(c), Application for brand-name descriptions.

5. Rationale Justifying Use of Cited Statutory Authority: The Original Equipment Manufacturer (OEM), Omnipure, manufactured the existing MSDs, and is proposed as a sole source for their replacement parts. Prior to discharge, certified MSDs must process all sewage when the ship is within 12 nautical miles of land in accordance with International Convention for the Prevention of Pollution from Ships (MARPOL) regulations. The current MSD controllers are heavily corroded and degraded.

First, MSDs are critical equipment in accordance with Safety Management System (SMS) procedure number 10.6-002, “Identification of Critical Equipment”. MSC does not have the manufacturing or technical information required to evaluate and determine if other companies can provide non-OEM replacement parts. As the OEM, Omnipure obtains the requisite United States Coast Guard, American Bureau of Shipping, and International Maritime Organization regulatory requirements.

Second, failure to replace the MSD controllers with new units of the same form, fit, and functionality may result in faulty operation of the MSDs, preventing the ship from performing its mission within 12 nautical miles of land. This casualty will significantly degrade the ship’s mission, which is often to provide emergency relief efforts to land based war and disaster areas.

Third, during a telephonic conversation on September 12, 2017, an Omnipure customer service representative stated De Nora is the only authorized Omnipure parts distributor for this MSD.

Fourth, a sources sought was posted at the government point of entry, FedBizopps website, on September 12, 2017. It closed on September 19, 2017 with one response. The responding vendor is unable to provide Omnipure parts for this MSD. Accordingly, the agency gave other sources notice of its intentions, and an opportunity to respond to the agency’s requirements, N104-17-Q-4555 September 25, 2017 adequately apprising prospective sources of its needs so that those sources had a meaningful opportunity to demonstrate their ability to satisfy the agency’s needs.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: The government intends to synopsize and post a request for quotation at the government point of entry, FedBizOpps website, on a sole source, name brand basis, with the intent of awarding a firm-fixed price contract.

7. Determination of Fair and Reasonable Cost: The Contracting Officer (KO) certifies that the justification above is accurate and complete to the best of KO knowledge. The KO will determine that the price is fair and reasonable prior to award, pursuant to FAR Part 13.106-3.

8. 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 source emerges, MSC will assess whether competition for future requirements is feasible.