J&A_TRANSAS_ECDIS_REDACTED.pdf

N104-18-Q-4575 25 October 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, limited source justification and approval (J&A) for the use of other than full and open competition. The contract awarded will result in a firm fixed price purchase order to acquire electronic navigation chart licenses as a class buy for original equipment manufacturer (OEM), TRANSAS NaviSailor 4000 electronic chart display and information systems (ECDIS) on board MSC ships USNS

APACHE, USNS GRASP, USNS CATAWBA, USS EMORY LAND, USS FRANK CABLE,

USNS MERCY, USNS SALVOR and the USNS SIOUX. ECDIS is a computer-based navigation information system compliant with the latest International Maritime Organization (IMO) regulations. The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

3. Description of Supplies/Services: Provide TRANSAS (OEM) electronic navigation chart licenses in S-57/S-63 format and regular updates for TRANSAS NaviSailor 4000 ECDIS for eight (8) MSC vessels. The TRANSAS ECDIS system displays electronic navigation charts and integrates position information from the gyrocompass, speed log and other navigational sensors, radar and automatic identification systems. The contract awarded will have a base year with options to extend the contract for up to two, one-year periods. Fiscal year 2018 funds will be utilized for the base year and, fiscal year 2019 and 2020 funding will be utilized for option years one (1) and two (2).

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 TRANSAS the OEM, manufactured the existing ECDIS charts. MSC needs charts during the proposed contracting period for the eight named ships. These ships all have the TRANSAS ECDIS system already installed. The electronic navigation charts are needed to make the system fully capable, and are proprietary to TRANSAS. There is no other source of supply due to TRANSAS’ intellectual property rights. Therefore the chart licenses must come from TRANSAS or its authorized distributers.

TRANSAS ECDIS is critical equipment in accordance with Safety Management System (SMS) procedure number 10.6-002, “Identification of Critical Equipment”. As the OEM, TRANSAS obtains the requisite United States Coast Guard, American Bureau of Shipping, and International Maritime Organization regulatory requirements.

N104-18-Q-4575 25 October 2017

Second, failure to replace the TRANSAS ECDIS charts may result in a maritime incident preventing the ship from performing its current or future missions. This would significantly degrade the ships’ ability to perform its mission, which is often to provide emergency relief efforts, Tug and Salvage operations and regular emergency maintenance worldwide.

Third, market research was conducted by querying Government and commercial databases.

Searches were conducted in FPDS, LogiQuest, CMLS, PD2 and Google. The CT Specialist located two previous contracts awarded for the same chart licenses (N32205-17-P-7032 and N32205-18-P-4002). The CT Specialist discussed with the customer and one of the CT Specialists for one of the previous contracts to determine the amount of competition available.

Fourth, a sources sought was posted to FBO on 23 October 2017. Responses were received from two companies, J&L Marine and American Nautical Services whom were both determined to be authorized distributors of TRANSAS ECDIS chart licenses. American Nautical Services had previously been identified as a potential source however, J&L had not.

Based on review of previous contracts awarded and responses to the sources sought posting, it has determined that there are a minimum of at least five companies, all small businesses, that are authorized distributors of OEM TRANSAS ECDIS electronic navigation chart licenses.

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 limited 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.