J-A_-_MTA_FY18_USNS_CARL_BRASHEAR_TAKE_7_-_Redacted.pdf

J&A No. N32205-18-R-4255

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

AMENDED

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC) - Norfolk.

2. Description of the Action Being Approved: This is a brand name justification for work to be provided by

Government-mandated subcontractors under the Work Items listed below of the Statement of Work (SOW) for the Mid Term Availability (MTA) of the USNS CARL BRASHEAR TAKE-7 under RFP N33205-18-

R-4255. This Justification is covering only the portion of the acquisition which is brand-name and the approval level requirements will then only apply to that portion.

Work Items (WI)

201 – Fairbanks Morse Engine (FME)

202 – FME/GEA

301 – Angel’s Instrumentation

302 – R. STAHL USA

304 – Point Eight Power

401 – Sperry Marine, NAVTECH

501 – Caterpillar, Hawthorn

502 – CLA VAL.

504 – Trident/IMECO

507 – Aqua Chem, Inc.

603 – Federal Equipment Co.

3. Description of Supplies/Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field service representatives and OEM parts to accomplish the requirements of the above mentioned WIs during a 28-day MTA. The estimated dollar value of the above WIs will be funded utilizing FY 18 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 201 - Main Diesel Engine Charge Air Cooler Inspection and ReGasket

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J & A N104-

T-AKE MPDE and attached Charge Air Cooler. The Original Equipment Manufacturer (OEM) of the

8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany/GEA. Fairbanks

Morse Engine is the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of this engine attachment is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by

USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

b. WI 202 – 8 Cylinder Main Diesel Engine (MDE) 30k Hr Scheduled Maintenance

Rationale justifying the use of the cited authority is in accordance with the T-AKE Class J & A N104-

T-AKE MPDE. The Original Equipment Manufacturer (OEM) of the 8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine is the only authorized

MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines and attachments is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties, ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all

OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

c. WI 301 – SO2 Gas Detection

Angel’s Instrumentation has the last known record of calibrating the vessel’s mechanical metering/gauges onboard and comprehensive listing. Angel’s Instrumentation has long standing record with USCG/ABS for maintaining vessels critical gauge listing and providing OEM support.

Standards are in accordance with regulatory systems for proper measuring and monitoring SO2 gas detection onboard the vessel.

d. WI 302 – Cargo Hold Light Switch Install (T-ALT 246)

R. STAHL is the Original Equipment Manufacturer (OEM)/Installer of this equipment. R. STAHL has exclusive knowledge of the switchbox cabinets. R. STAHL owns the technical data in order to properly assemble switchbox and safeties. The OEM has the required knowledge, expertise, and tools to perform the work outlined in the SOW and provide a satisfactory install that meets USCG/ABS requirements.

e. WI 304 – Emergency Switchboard EDG and Bus Tie Breaker Replacement

Point Eight Power is the owner of the proprietary rights to the high-voltage load centers installed throughout the T-AKE class ships. The use of the OEM is paramount to maintain the integrity of the load canters and associated circuit breakers and assemblies. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, the high-voltage load centers, emergency switchboard, and associated circuit breakers are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission.

OEM parts and services are required to ensure the safe, continuous, and reliable operation of these ship’s critical systems.

f. WI 401 – ECDIS Software Update and Verification

Northrop Grumman Sperry Marine and NAVTECH Marine both possess the qualifications to maintain, troubleshoot and update the TAKEs Electronic Chart Display Information System(ECDIS). Each has the technical data and software required to maintain and adjust settings of these systems. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System (IBS) must be fully operational, and crew trained in the safe operations of the IBS. Both company and technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required for completing these services.

g. WI 501 – Emergency Diesel Generator Service and Annual Testing and Hose Replacement

Caterpillar Engine OEM and authorized distributors hold proprietary rights to drawings and are authorized distributors of replacement parts for the Emergency Diesel Generators installed on the T-

AKE Class. SMS Number 10.6-002-ALL lists all Emergency Diesel Generator (EDG) as critical equipment. The loss of the EDG puts the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, which will result in a

CASREP. The reduction of electrical generation can also pose a hazard to the crew due to limited ship maneuverability. Proper refurbishment of engines is critical to the safe operations of T-AKE vessel

Emergency Diesel Generator system.

h. WI 502 – Overhaul CLA VALs

CLA-VAL is the only known US provider of OEM components and service for CLA-VALs. In order to meet USCG and ABS certifications – TAKE Magazine Sprinkler Valves (CLA VALs) are to be maintained on a periodic cycle. OEM parts are required to meet safety and reliability requirements for damage mitigation and control.

i. WI 504 – Cargo Defrost Brine Heater Replacement

The cargo defrost Brine Heater original equipment manufacturer (OEM) is IMECO for the T-AKE class ships. Trident/IMECO, Inc. is United States service representatives and parts distributors.

IMECO has access to proprietary information and drawings and logic controls, for T-AKE in support of the cargo refrigeration system brine defrost heater. This includes proprietary rights to the construction and original installation for repair and termination of heaters, sensor set points and controllers of the T-AKE cargo defrost system. They have the required technical data and OEM repair parts to review, test and repair/replace to maintain functionality, reliability, and safe operation with vessel’s equipment and crew.

j. WI 507 – Distiller Cleaning, Inspection, and Maintenance

Aqua Chem Inc, is the owner of the proprietary rights to the distillers installed throughout the T-AKE class ships. The use of the OEM is paramount to maintain proper production of clean and usable water onboard the T-AKE for consumption and utility for maintaining systems onboard. The OEM authorized representative will have access to parts and technical data from the OEM as required by

USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety. Based on MSC SMS 10.6-002 ALL which provides list of critical equipment installed on T-AKE, all critical systems which utilize water+additives for cooling media are necessary to be fully operational at all times to meet class ROC/POE and high state of readiness for ship’s mission. OEM parts and services are required to ensure the safe, continuous, and reliable operation of these ship’s critical systems.

k. WI 603 – Roller Curtain Door Replacement

To comply with fit, form and function of the existing Federal Equipment Company roll-up doors installed on the T-AKE Class vessels, Hood Assemblies per Federal Equipment Company’s proprietary Drawing are required. Federal Equipment Company is the OEM that can provide the material specified in the engineering design as identified in Federal Equipment Company Drawing No.

6744M01. A change in material specification would result in a complete re-design effort and approval process which would entail a multi-year design process and would not conform to all other roll-up doors installed across the class. The Federal Equipment Company drawing is proprietary. Any deviation from OEM parts could result in personal injury, equipment failure, aircraft asset damage and damage to the roll-up doors. OEM parts are required to meet regulatory requirements of the U.S.

Coast Guard and the American Bureau of Shipbuilding (ABS) and Naval Air Command (NAVAIR).

OEM services are required for the safe replacement of Roller Curtain door as the roller curtain may still be under spring tension, and to ensure original form fit and function of roller door has been maintained. The SMS procedure number relating to this procurement is 10.6-002-All-Identification of

Critical Equipment.

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 for the MTA availability 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 has determined the anticipated cost to the Government of the supplies/services covered by this J&A is fair and reasonable in accordance with

FAR Part 15.404-1.

8. 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.