N10418R4002_FINAL_-_Redacted.pdf

J&A No. N10418R4002

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 the Action Being Approved: This is a justification for work to be provided under Work Items (WIs) 202, 304, 401, 402, 403, 404, 501, 502, 503, 504, 505, 507, 603, 605, 606, 607 and 612 of the Statement of Work (SOW) for the 50 Day Mid-term Availability (MTA) of the USNS BIG HORN (T-AO 198) under RFP N3220518R4002. This Justification covers only the portion of the acquisition for which an Original Equipment Manufacturer (OEM) Authorized Facility/Manufacturer/Representative is required and the approval level requirements will then only apply to that portion.

3. Description of Supplies/Services: MSC requires OEM authorized technical field service representatives and OEM parts to accomplish the requirements of WI 202, 304, 401, 402, 403, 404, 501, 502, 503, 504, 505, 507, 603, 605, 606, 607 and 612. For this 50 Day MTA, the estimated dollar value of the seventeen (17) WIs is which will be funded utilizing FY 19 Operations & Maintenance funds.

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

(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1(a).

5. Rationale Justifying Use of Cited Authority:

a. WI 202, Main Engine Intercooler Cleaning

The OEM for the port and starboard main engine spare parts overhaul is Colt-Pielstick. Colt- Pielstick has two (2) OEM authorized suppliers of approved repair parts for their equipment.

Failure to properly clean the intercoolers will result in high temperature alarms on the engine and increase future engine problems. Proper removal and reinstallation of the main engine intercoolers is critical to the safe operation of the engines onboard USNS BIG HORN (T-AO 198). Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another than Colt-Pielstick.

Safety Management Systems (SMS) number 10.6-002-01-AO lists the Main Engines as critical equipment. Failure of the Main Engines will severely impede the ship’s ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the Main Propulsion Engines is critical to the safe operations of the USNS BIG HORN (T-AO 198).

b. WI 304, PTO Generator Groom

The OEM for the vessel’s Power Take-Off (PTO) Generator and Synchronous Compensators is Siemens. Multiple companies are capable of providing service and repair parts for their equipment. Proper refurbishment and maintenance of the PTO and Sync Compensator are critical to the safe operation of the Electrical Generation equipment onboard USNS BIG

HORN (T-AO 198). Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the PTO’s as critical equipment. Failure of the PTO’s will severely impede the ship’s ability to generate electrical power and degrade mission capabilities.

Proper refurbishment and maintenance of the PTO’s are critical to the safe operation of the

USNS BIG HORN (T-AO 198).

c. WI 401, Radar/ECDIS Maintenance

The OEM for the vessel’s Radar is FURUNO, and the ECDIS is TRANSAS. FURUNO and TRANSAS have numerous authorized vendors to provide service to their equipment. An authorized vendor is required to provide documentation with a certificate of approved training for the FURUNO Radars and TRANSAS units that are installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Navigational Equipment as critical equipment. The Radar and ECDIS are intricate components within the Bridge Navigation equipment. Failure of the Radar and ECDIS will severely impede the ship’s ability to safely navigate and identify other vessel operating in/around the vessel. Proper refurbishment and maintenance of the Radar and ECDIS are critical to the safe navigation and operation of the USNS BIG HORN

(T-AO 198).

d. WI 402, Dual Gyro and Steering System Maintenance

The OEM for the vessel’s new NAVIGAT Gyro Compass repeater system is Northrop Grumman Systems Corporation - Sperry Marine Division (NGSC-SMD). NGSC-SMD has numerous authorized vendors to provide service to their equipment. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Gyro Compass as critical equipment. Failure of the Gyro Compass or Steering Stand will severely impede the ship’s ability to navigate and maneuver the vessel. The reduction of the ability to navigate and maneuver the vessel will also pose a hazard to the crew and the vessel. Proper replacement and maintenance of the Gyro Compass and Steering Stand are critical to the safe operation of the USNS BIG HORN

e. WI 403, Global Marine Distress and Safety System (GMDSS) Safety Radio Certificate

The OEM for the vessel’s GMDSS is FURUNO. FURUNO has numerous authorized vendors to provide service to their equipment. An authorized vendor is required to provide documentation with a certificate of approved training for the FURUNO FS-5000 GMDSS Console unit that is installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Navigational Equipment as critical equipment, and the Global Marine Distress and Safety System (GMDSS) is required by ABS and USCG.

Service of the GMDSS must be accomplished by USCG/ABS approved and OEM trained vendors. Proper refurbishment and maintenance of the GMDSS are critical to the safe navigation and operation of the USNS BIG HORN (T-AO 198).

f. WI 404, Simplified Voice Data Recorder (SVDR) Replacement with JRC-1950

The OEM for the vessel’s new SVDR is Japan Radio Company, Ltd (JRC). JRC has numerous authorized vendors to provide service to their equipment. An authorized vendor is required to provide documentation with a certificate of approved training for the new JRC- JCY-1950 unit that will be installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Navigational Equipment as critical equipment, and the SVDR is part of the vessel’s Safety Radio Certificate, as required by ABS. The SVDR is a USCG and ABS required system that is integrated into the Radar and ECDIS systems to records ship movements. Service of the SVDR must be accomplished by USCG/ABS approved and OEM trained vendors. Proper refurbishment and maintenance of the SVDR are critical to the safe navigation and operation of the USNS BIG HORN (T-AO 198).

g. WI 501, Auxiliary Boiler Maintenance

The OEM for the vessel’s Auxiliary Boilers is VAPOR Power International. VAPOR has numerous authorized vendors to provide service to their equipment. An authorized vendor is required to provide documentation with a certificate of approved training for the VAPOR Model FNC7-4748-VHK-NCI Boiler units that are installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the Boilers as critical equipment. Failure of the Boiler will severely impede the ship’s ability to get underway and complete mission requirements.

Proper refurbishment and maintenance of the boiler are critical to the safe operation of the

h. WI 502, Start Air Compressor Service/Groom

The OEM for the vessel’s Start Air Compressor is Hamworthy Engineering. Hamworthy only has two (2) known vendors to provide OEM parts and services to Hamworthy equipment. The proper service of the Start Air Compressor is critical to the safe operation of the USNS BIG

HORN (T-AO 198). Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another than Hamworthy.

SMS number 10.6-002-01-AO lists the ship’s Service Air Compressors as critical equipment.

Failure of the Start Air system would severely impact the mission capability of the ship, and would cause the ship to be unable to start the Main Propulsion Equipment. Proper refurbishment and maintenance of the Start Air system are critical to the mission capability of the USNS BIG HORN (T-AO 198).

i. WI 503, Self-Contained Breathing Apparatus (SCBA) Compressor/Refill Station Annual Service

The OEM for the vessel’s SCBA Compressor and Refill Station is MAKO. MAKO has numerous authorized vendors to provide service to their equipment. Vendors are required to provide documentation with a certificate of approved training for the MAKO Model No.

9400E3 Compressor and Model No. M3100 Refill Station units installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists Damage Control Equipment as critical equipment. The vessel’s SCBA Compressor and Refill Station are required to refill expended SCBA bottles used when fighting a shipboard fire or addressing a HAZMAT situation. Failure of the SCBA Compressor and Refill Station will severely reduce the Ship’s Force capability control/extinguish a fire and save the vessel from further damage.

j. WI 504, Westfalia Oily Water Separator (OWS) Service and Calibration

The OEM for the OWS onboard the USNS BIG HORN (T-AO 198) is GEA Westfalia, Inc.

Westfalia is the only known OEM authorized supplier of approved repair parts and service for their equipment. Factory authorized suppliers provide parts and technical data/drawings from the OEM as required by USCG and ABS regulations. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002—01-AO lists the OWS as critical equipment. Failure of the OWS will severely impede the ship’s ability to comply with current environmental regulations. The reduction of the ability to comply with current environmental regulations will expose the crew to the possibility of an oil spill. Proper refurbishment and maintenance of the OWS are critical to the safe operation of the USNS BIG HORN (T-AO 198).

k. WI 504 Cargo Oil Content Monitor (OCM) Certification

The OEM for the vessel’s Cargo Oil Content Monitor is VAF Instruments B-V. VAF Instruments has numerous authorized vendors to provide service to their equipment. Vendors are required to provide documentation with a certificate of approved training for the MK6, OILCON Ballast Monitor that is installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This

SMS number 10.6-002—01-AO lists the Oil Content Monitor as critical equipment. Failure of the Oil Content Monitor will severely impede the ship’s ability to comply with current environmental regulations. The reduction of the ability to comply with current environmental regulations as required by USCG and ABS, will expose the crew to the possibility of an oil discharge. Proper refurbishment and maintenance of the Oil Content Monitor are critical to the safe operation of the USNS BIG HORN (T-AO 198).

l. WI 505, Ship’s Service Diesel Generator (SSDG) 60,000 Hour Overhaul

The OEM for the SSDG is Rolls-Royce. Rolls-Royce has several OEM authorized suppliers of approved repair parts and service for their equipment. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the SSDG as critical equipment. Failure of the SSDG will severely impede the ship’s ability to get underway and complete mission requirements.

Proper refurbishment and maintenance of the SSDG are critical to the safe operation of the

m. WI 507, Vacuum Sewage System Cleaning

The OEM for the vessel’s marine sanitation device (MSD) is Envirovac Inc. Red Fox Environment is the only known authorized vendor to provide services to their equipment.

Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company

SMS number 10.6-002-01-AO lists the MSD as critical equipment. Failure of the MSD will severely impede the ship’s living conditions for her crew and will prevent the ship from completing mission requirements. Proper cleaning and recertification of the MSD are critical to the safe operation of the USNS BIG HORN (T-AO 198).

n. WI 603, Life Raft Recertification

The OEM for the vessel’s Life Rafts is Elliott. Elliott has numerous authorized vendors to provide service to their equipment. Vendors are required to provide documentation with a certificate of approved training for the Elliott Life Rafts that are installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-01-AO lists the life raft as critical lifesaving equipment. Failure of proper inspection by an authorized USCG facility will severely impede the ship’s ability to get underway and complete mission requirements. Proper maintenance and inspection of the life rafts are critical to the safe operation of the USNS BIG HORN (T-AO 198).

o. WI 605, Rescue Boat Winch & Davit Inspection

The OEM for the vessel’s Rescue Boat Davits is Palfinger Marine Safety Corp (Palfinger) and Allied Technical Services (Allied). Palfinger is the OEM authorized vendor and supplier of approved repair parts and service for the starboard davit, and Allied is the only supplier of approved repair parts and service for the port davit. Proper refurbishment and maintenance of Rescue Boat Davits is critical to the safe operation of the USNS BIG HORN (T-AO 198).

Factory authorized suppliers provide parts and technical data/drawings from the OEM as required by USCG and ABS regulations. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-ALL lists Rescue Boats and Davit Assemblies as critical equipment.

Failure of RHIB and Davit Assemblies is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew. Proper refurbishment and maintenance of the RHIB and Davit Assemblies are critical to the safe operation of the USNS BIG HORN

p. WI 606, Life Boat Recertification

The OEM for the vessel’s Lifeboats is Survival Systems International. Palfinger Marine is the OEM authorized vendor and supplier of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Lifeboats are critical to the safe operation of the USNS BIG HORN (T-AO 198). Factory authorized suppliers provide parts and technical data/drawings from the OEM as required by USCG and ABS regulations. This

SMS number 10.6-002-ALL lists the Lifeboats as critical equipment. Failure of Lifeboats is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew.

q. WI 607, Life Boat Winch & Davit Inspection

The OEM for the vessel’s Lifeboat Winches is Palfinger Marine Safety Corp. Palfinger is the OEM authorized vendor and supplier of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Lifeboat Winches are critical to the safe operation of the USNS BIG HORN (T-AO 198). Factory authorized suppliers provide parts and technical data/drawings from the OEM as required by USCG and ABS regulations.

This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

SMS number 10.6-002-ALL lists the Lifeboats as critical equipment. Failure of Lifeboat Winches is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The loss of major safety and lifesaving equipment poses a hazard to the crew.

r. WI 612, SCBA Equipment Annual Inspection

The OEM for the vessel’s Self- contained Breathing Apparatus (SCBA) bottles is Interspiro.

The SCBA are critical for the crew’s safety when fighting fires. Interspiro has numerous authorized vendors to provide service to their equipment. An authorized vendor is required to provide documentation with a certificate of approved training for the Interspiro breathing air bottles that are installed. Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM’s authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company.

MSC does not have the 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. The work items listed in this section require special tools, specialized repair parts, and technical expertise unique to this equipment; only approved OEM parts are authorized to be installed on this highly sophisticated equipment.

Further, OEMs are required to perform service work for MSC vessel critical systems and equipment. The OEM Representative has access to provide parts and technical data / drawings from the OEM, as required 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: The

Government intends to post a synopsis and a Request for Proposal (RFP) for the MTA at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price contract to the lowest price offeror. Any prospective contractor will be required to use the OEM or OEM authorized vendor(s) as a subcontractor to perform the work in the related WIs.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the cost to the Government for the supplies/services covered by this J&A will be fair and reasonable in accordance with FAR Part 15.

8. Market Research: The USNS BIG HORN (T-AO 198) is home ported on the East Coast and therefore considered an East Coast asset. All non-emergent vessel repairs are required to be conducted on the East Coast. The purpose of market research is to collect historical information from the ship’s last three (3) availabilities. Purchase Orders N3220518C4014, N3220517C4015, and N3220516C1011 were the contract numbers identified. In researching this information, it was discovered that the aforementioned acquisitions were solicited and awarded as 100% total small business set-asides under NAICS code 336611 with a standard business size of 1,250 employees.

9. A Listing of the Sources, if any that expressed, in writing, an interest in the Acquisition: A sources sought notice was posted on 08 JUN 2018 with a response date of 22 June 2018. A total of four (4) compliant responses were received. All four (4) have the capability to perform the work. Of the four (4) respondents, two (2) are considered large businesses (BAE Systems Norfolk Ship Repair and General Dynamics NASSCO-Norfolk) and two (2) are considered small businesses (Boston Ship Repair, LLC, and Detyens Shipyards, Inc.).

10. Actions To Removed Barriers to Future Competition: For reasons set forth in Paragraph 5, MSC has no plans at this time to allow prime contractors to solicit these requirements competitively, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.