JA_N3220518R4011_Redacted.pdf

J&A No. N32205-18-R-4011

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 (WI) 201, 202, 203, 402, 404, 405, 406, 501, 605, 609, 610, 613 and 614 of the Statement of Work (SOW) for the USNS YUKON (T-AO 202) under RFP N32205-18-R- 4011. This Justification is covering only the portion of the acquisition 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 Work Items 201, 202, 203, 402, 404, 405, 406, 501, 605, 609, 610, 613 and 614 for the 42 day MTA. The estimated dollar value of the thirteen (13) Work Items (WI) is which will be funded utilizing FY 18 Navy Working Capital Funds (NWCF).

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 201, Main Engine 12K Overhaul

There are currently fifteen (15) active T-AOs in the MSC fleet with two (2) MAN Diesel-SEMT Pielstick PC4.2 MPDEs per hull for a total of thirty (30) class-wide. The OEM of the MPDEs is MAN Diesel-SEMT Pielstick of Nazaire, France, for the T-AO class ships. Proper refurbishment and maintenance of the engines are critical to the safe operation of the T-AO vessels. The OEM parts and technical data/drawing from the original manufacturer are required by United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations. This maintains all OEM warranties and ensures engine reliability and crew safety, therefore precluding consideration of a product manufactured by and technical representative services from another company. The engineering, construction drawings and technical characteristics for the manufactured parts for these propulsion engines are proprietary to MAN Diesel-SEMT Pielstick and the US Government did not acquire rights in this data.

b. WI 202, Main Engine Turbocharger Overhaul

The OEM for the Main Engine Turbochargers is ABB. ABB provides original OEM repair parts and service for their equipment. Proper refurbishment and maintenance of the Turbochargers is critical to the safe operation of the Main Engines onboard USNS YUKON (T-AO 202). ABB Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer Authorized Vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company. Safety Management Systems (SMS) number 10.6-002-01-AO lists the Main Propulsion Engines as critical equipment. Failure of the Main Propulsion Engines will severely impede the ship’s ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the Main Propulsion Engine Turbochargers are critical to the safe operations of the USNS YUKON (T-AO 202).

c. WI 203, Main Engine Clutch/Coupling Overhaul

The Original Equipment Manufacturer (OEM) for the Power Take Off (PTO) Clutch/Coupling Assembly is Eaton Corporation, Airflex Division. Eaton Corporation, Airflex Division provides original OEM repair parts and service for their equipment.

Proper refurbishment and maintenance of the PTO Clutch/Coupling Assembly is critical to the safe operation of the electrical power generation system onboard USNS YUKON (T-AO 202). Eaton Corporation, Airflex Division Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer Authorized Vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company. Safety Management Systems (SMS) number 10.6- 002-01-AO lists the Electrical Generating System as critical equipment. The PTO Clutch/Coupling Assembly is an integral part of the Electrical Generating System arrangement and failure of this system will severely impede the ship’s ability to get underway and complete mission requirements. Proper refurbishment and maintenance of the Electrical Generating System is critical to the safe operations of the USNS YUKON

(T-AO 202).

d. WI 402, Radar ECDIS Annual Maintenance (USCG & ABS)

The OEM for the vessel’s Radar is FURUNO and the OEM for ECDIS is TRANSAS. FURUNO and TRANSAS have numerous authorized vendors to provide service to their equipment. Vendor is required to provide documentation with a certificate of approved training for the FURUNO Radars and TRANSAS units installed.

Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The SMS number 10.6-002-ALL lists the radar as critical equipment. Loss of RADAR would essentially leave the vessel blinded during any condition that impairs human vision or over-the-horizon detection of obstacles /threats. Not having the RADAR systems fully operational would leave the vessel in a no-sail situation. Proper refurbishment and maintenance of the radar ECDIS is critical to the safe operations of the USNS YUKON (T-AO 202).

e. WI 404 Gyro Annual Maintenance (USCG & ABS)

The OEM for the equipment is Sperry Marine. A Sperry qualified rep for servicing, parts, and repairs is required to certify and ensure proper operation and bearing (heading accuracy). This is the primary electronic means available for determining a ship’s heading and supplies this information to multiple equipment on the bridge and must be certified accurate and available for the vessel during navigation for safe passage. This is a USCG requirement. Proper refurbishment and maintenance of the Gyro Compass is critical to the safe operation of the USNS YUKON (T-AO 202). Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer 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. The SMS number 10.6- 002-01-AO lists the navigational equipment as critical equipment required by USCG and ABS for certification. A USCG or ABS approved and OEM trained vendor must accomplish service of the Gyro Compass. Proper refurbishment and maintenance of the Gyro System is critical to the safe navigation and operations of the USNS YUKON

(T-AO 202).

f. WI 405, Global Marine Distress and Safety (GMDSS) Annual Recertification (United States Coast Guard (USCG) and American Bureau of Shipping (ABS)

The OEM for the vessel’s GMDSS is FURUNO Japan LTD. (i.e., Sailor Thrane & Thrane). FURUNO has numerous authorized vendors to provide service to their equipment. The vendor is required to provide documentation with a certificate of approved training for the FURUNO FS-5000 GMDSS Console unit installed on the ship. Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The SMS number 10.6-002-01-AO lists the navigational equipment as critical equipment, and the GMDSS is a requirement of USCG and ABS certification. This equipment provides several means of communication and distress signaling including Search and Rescue Transponders (SARTs) and Emergency Position Indicating Radio Beacon (EPIRB). A USCG or ABS approved and OEM trained vendor must accomplish service of the GMDSS. Proper refurbishment and maintenance of the GMDSS is critical to the safe navigation and operations of the USNS YUKON (T- AO 202).

g. WI 406, Simplified Voice Data Recorder (SVDR) Annual Rectification (USCG &

ABS)

The OEM for the vessel’s SVDR is NETWAVE, formerly RUTTER. The vendor is required to provide documentation with certificate of approved training for the SVDR unit installed. Factory authorized suppliers provide parts and proprietary technical data and drawings only available from the original manufacturer authorized vendors. This maintains all OEM warranties and ensures equipment reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The 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 (i.e., black box) is a USCG and ABS required system integrated into the radar and Electronic Chart Display and Information System (ECDIS) to records ship movements. A USCG or ABS approved and OEM trained vendor must accomplish service of the SVDR. Proper refurbishment and maintenance of the SVDR is critical to the safe navigation and operations of the USNS YUKON (T-AO 202).

h. WI 501, No. 3 SSDG 60K Overhaul

There are currently fifteen (15) active T-AOs in the MSC fleet each with Ship Service Diesel Generators (SSDG). The port and starboard SSDG sets provide ship service power and/or provide electrical power to motorize the Power-Take-Offs (PTO) for emergency propulsion. The Original Equipment Manufacturer (OEM) for the Ship Service Diesel Generators is Ulstein Bergen A/S, Norway and supported by Rolls Royce Commercial Marine. The use of an Original Equipment Manufacturer (OEM) authorized or otherwise qualified technical field service representative is required for service of these parts. OEM parts are required for all critical equipment onboard TAO class ships. Proper refurbishment and maintenance of the SSDG are critical to the safe operation of the T-AO Class Vessels. Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer 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 and services from another company. Proper refurbishment and maintenance of the SSDG is critical to the production of electrical power and the operation of USNS YUKON (T-AO 202).

i. WI 605, Rescue Boat Annual Service

The USCG and ABS require the annual inspection of the Rescue Boats and all safety equipment to satisfy Regulatory Requirements. The OEM for the vessel’s Rescue Boats was Ocean Tech and the OEM for the Rescue Boat’s Engine was Steyr. Ocean Tech is no longer in business;

Palfinger Marine is now the Steyr OEM authorized vendor and supplier of approved repair parts and service for Rescue Boats and Engines. Proper refurbishment and maintenance of Rescue Boats is critical to the safe operation of the USNS YUKON (T-AO 202) and essential to crew safety in the event of an emergency. Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer 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 or services provided by another company.

SMS number 10.6-002-ALL lists the Rescue Boat 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 risk of loss of major safety and lifesaving equipment poses an unacceptable hazard to the crew. Proper refurbishment and maintenance of the RHIB and Davit Assemblies is critical to the safe operations of the USNS

YUKON (T-AO 202).

j. WI 609, Lifeboat Annual Service

The OEM for the vessel’s Lifeboats is Survival Systems International. Palfinger Marine.

is the OEM authorized vendor and suppliers of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Lifeboats is critical to the safe operation of the USNS YUKON (T-AO 202) 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 Lifeboats is a major loss in safety and lifesaving equipment required for the vessel to get underway for vessel operations. The risk of loss of major safety and lifesaving equipment poses an unacceptable hazard to the crew. Proper refurbishment and maintenance of the Lifeboats is critical to the safe operations of the USNS YUKON (T-AO 202).

k. WI 610, Port Rescue Boat Winches and Davits

The OEM for the vessel’s Port Rescue Boat Davit is Allied Systems Company. The Rescue Boat Winch & Davit is the only means available to launch and recover the Rescue Boat from the vessel. Allied Systems is the only OEM authorized vendor and supplier of approved repair parts and service for their equipment. Proper refurbishment and maintenance of Rescue Boat Davits is critical to the safety of the crew and operation of the winch and davit aboard the USNS YUKON (T-AO 202). Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer 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 or services provided by another company. SMS number 10.6-002-ALL lists the RHIB 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 Assembly is critical to the safe operations of the USNS YUKON (T-AO 202).

l. WI 613, Stbd Rescue Boat Winch & Davit Service

The OEM for the vessel’s Starboard Rescue Boat Davit is Palfinger Marine. The Rescue Boat Winch & Davit is the only means available to launch and recover the Rescue Boat from the vessel. Palfinger Marine is the OEM authorized vendor and supplier of approved repair parts and service for their equipment. Proper refurbishment and maintenance of the Rescue Boat Davit is critical to the safety of the crew and operation of the winch and davit aboard the USNS YUKON (T-AO 202). Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer 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 Rescue Boat 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 Assembly is critical to the safe operations of the USNS YUKON (T-AO 202).

m. WI 614, Lifeboat Davit Annual Service

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 is critical to the safe operation of the USNS YUKON (T-AO 202) 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 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. Proper refurbishment and maintenance of the Lifeboats is critical to the safe operations of the USNS YUKON (T-AO 202).

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) 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 Work Items.

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

8. Market Research: The USNS YUKON (T-AO 202) is home ported on the West coast and therefore considered a West Coast asset. All non-emergent vessel repairs are required to be conducted on the West Coast. The purpose of market research was to collect historical information from the ship’s last three (3) vessel repair availabilities.

Purchase Orders N32205-16-C-4011, N32205-15-C-4011, and N32205-14-C-4011 were the contract numbers identified. In researching this information, it was discovered that previous HENRY J. KAISER procurements were solicited and awarded on an unrestricted basis 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: No other sources expressed an interest in writing.

10. Actions to Remove 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 will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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

TECHNICAL COGNIZANCE:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW:

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE:

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

10-26-2017

10/25/2017

10/30/17