JA_-_Other_Than_Full_and_Open_Redacted.pdf

N10418P4681

May 31, 2018

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: MSC Norfolk has a requirement to award a contract on a brand name basis to procure repair parts to overhaul the #1 and # 2 Distilling Plants onboard the USNS MERCY’s (T-AH 19). This is a justification and approval (J&A) for the use of other than full and open competition on the basis of a brand name requirement that will result in a firm fixed price contract. The procedures in FAR subpart 13.5 will be used in accordance with 41 U.S.C. 1901.

3. Description of Supplies/Services: Provide brand name Maxim Evaporators of America

(Maxim Evaporators) parts for the overhaul of the #1 and #2 Distilling Plants onboard the USNS

MERCY. The estimated value for this requirement is TBD; using Fiscal Year 2018 Maintenance and Repair funding. The required delivery date is 20 August 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 #1 and #2 Distilling Plants are original to ship’s construction and has been in service for over thirty years. The #1 and #2 distilling plants provide fresh water for the ship’s crew and the Medical Treatment Facility

(MTF) onboard the vessel. The intention is to restore the units to their original designed condition to maintain the USNS MERCY’s operation until 2029. The existing distilling plants are degraded and require complete overhaul at this time. Procuring exact brand name replacement parts from an authorized distributor will ensure that the distilling plants are returned to their original design.

The distilling plants are critical equipment in accordance with Safety Management System

(SMS) procedure number 10.6-002, “Identification of Critical Equipment”. Maxim Evaporators is the sole manufacturer for drop-in replacement parts that meet the original design specifications for #1 and #2 distilling plants onboard the USNS MERCY. 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, Maxim Evaporators obtains the requisite

United States Coast Guard, American Bureau of Shipping, and International Maritime

Organization regulatory requirements.

Although no substitutes are known, 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. Regardless, this is proprietary information and the Government did not acquire rights in this data. OEM Representatives have access to provide parts and technical data / drawings from the original manufacturer, as required

N10418P4681

May 31, 2018 to properly repair and maintain the equipment. All OEM repair parts are in compliance with

USCG and ABS IMO regulatory requirements.

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable:

Market research indicates that Maxim Evaporators have multiple authorized distributors that are able to provide the required parts. Also, the Government intends to synopsize and post a request for quotation at the government point of entry, FedBizOpps website, on a brand name, limited source basis, with the intent of awarding a firm-fixed price contract.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable in accordance with 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.