JA_N32205-18-R-4256__11_July_2018_Redacted.pdf

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

J&A No. N32205-18-R-4256

JUSTIFICATION AND APPROVAL 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 justification for work to be provided by

Government-mandated subcontractors under the Work Items (WI)listed below of the Statement of Work

(SOW) for the Mid-Term-Availability (MTA)of the USNS ARCTIC under RFP N32205-18-R-4256.

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

(WIs)

108 – NAG LLC

303 – Auxiliary Systems

504 – Allied Systems

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 WIs

108, 303, and 504. For the 58 day MTA, the estimated dollar value of the three work items 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 108 TANK LEVEL INDICATION SYSTEM REPAIR

Naval Automation Group LLC(NAG) is the system design/installation/integration and software designer for the USNS Arctic Tank Level Indicating System. NAG hold as proprietary rights to the technical data to provide changes, upgrades, software upgrades/installations and engineering services. Outside providers do not have access to the software codes and blueprints to integrate hardware changes. The employment of an outside provider would incur heavy additional cost and could result in system damage that would render the system inoperable. The tank level indicating system is critical to reliable operation of the USNS Arctic which is in turn critical which is in turn critical to mission support to the U.S. Navy.

b. WI 303 GENERATOR CLEANING

Auxiliary Systems is included on the Military Sealift Command COMSCINST 4490.1A, List of

OEM and Non-OEM Use Policy. This policy is a command directive that identifies vendors authorized to work on Critical Ship Systems and Equipment. Auxiliary Systems has developed a generator cleaning procedure that is approved by Kato Engineering. Kato is the OEM for the ship service diesel 2500Kw Generator. Kato does not provide cleaning services. Auxiliary Systems has performed generator cleaning for the TAOE class in multiple voyage repair, mid-term availability, and regular overhaul availabilities. The use of a non-OEM authorized vendor could result in improper cleaning and catastrophic generator failure resulting in personnel injury.

c. WI 504 RHIB DAVIT OVERHAUL AND CERTIFICATION

Allied Systems is the OEM of the RHIB Boat Davit. Allied Systems holds proprietary rights to the technical data, to provide changes, upgrades, parts, and perform engineering services on the

RHIB Davit. Improper repairs by a non-OEM provider could result in incompatible or unstable parts, subpar service, and degraded functionality of the RHIB Davit that could incapacitate the davit, resulting in loss of mandatory rescue service capability required for helicopter operations.

Proper upgrades and, compliant parts are critical to proper, maintenance of the RHIB Davit which, in turn, is critical to the safe operations of the USNS ARCTIC, T-AOE-8.

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 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.

CERTIFICATION AND APPROVALS

Technical/Requirements Cognizance:

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.

Signature Name (Printed) Phone No. Date

Legal Sufficiency Review:

I have reviewed this justification and it is deemed to be legally sufficient.

Contracting Officer Certification:

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

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 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).

Name Date