REDACTED_MERCY_MTA_JA.pdf

J&A No. N10418R4551

JUSTIFICATION AND (J&A) APPROVAL FOR USE 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 sole source justification for work to be provided under Work Items (WI) 114, 201, 210, 302, 305, 501, 502, 513, 517, 519 and 606 of the Statement of

Work (SOW) for the Mid-Term Availability (MTA) of the USNS MERCY (T-AH 19) under RFP

N3220518R4551. This Justification is covering only the portion of the acquisition which is brand-name or otherwise sole source and the approval level requirements will then only apply to the portion.

3. Description of Supply Services: MSC Norfolk requires Original Equipment Manufacturer (OEM) authorized technical field representatives and OEM parts to accomplish requirements of WIs listed below. The estimated combined dollar value of the eleven (11) Work Items which will be funded utilizing a combination of FY-18 and FY-19 Operation & Maintenance funds.

Work Items and Required Service Representative(s):

114: MMR Work Shop Modifications (Quality Refrigeration Inc)

201: Boiler Tube Mapping (AMEC Foster Wheeler)

210: Boiler Survey (AMEC Foster Wheeler)

302: Boiler Soot Boiler Control Install (Babcock & Wilcox Company)

305: MSD Controller Replace (De Nora Water Technologies)

501: Tank Level Indicator Phase 2 (NAG Marine)

502: Distilling Plant Overhauls (Maxim Watermakers)

513: Potable Water Heater Install (Aero International Inc.)

517: Steering Gear Control Repair and Calibrate (Philadelphia Gear, Westec Heavy

Machinery Division of control Flow, Mackay Marine & world Wide Service, Nav

Systems Inc.)

519: Ballast Valve MOV Repairs (Actuator Specialties Inc)

606: Helo Shelter Repairs (Rubb Building Systems)

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 114: MMR Work Shop Modifications (Quality Refrigeration Inc.)

This work requires the relocation of Carrier Transcold Inc Self Contained A/C Unit. The item provides the contact information for the Local authorized Carrier Transcold Inc service provider for critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION

4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment classified as “critical.” Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. OEM-authorized representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all

OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable.

B. WI 201: Boiler Tube Mapping (AMEC Foster Wheeler)

This work requires supply of AMEC Foster Wheeler as the sole-source OEM for parts and servicing of the USNS Mercy’s Propulsion Boilers. The boilers are listed as critical equipment per Safety

Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION 4490.1, an OEM or

OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment classified as “critical.” Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The failure of a Boiler will result in a loss of propulsion and electrical power throughout the vessel. OEM-authorized representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

C. WI 210: Boiler Survey (AMEC Foster Wheeler)

This work requires supply of AMEC Foster Wheeler as the sole-source OEM for parts and servicing of the USNS Mercy’s Propulsion Boilers. The boilers are listed as critical equipment per Safety

Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION 4490.1, an OEM or

OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment classified as “critical.” Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The failure of a Boiler will result in a loss of propulsion and electrical power throughout the vessel. OEM-authorized representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

D. WI 302: Boiler Soot Boiler Control Install (Babcock & Wilcox Company)

This work requires supply of Babcock & Wilcox Company as the sole-source OEM for parts and servicing of the “Soot Blowers” on the USNS Mercy’s Propulsion Boilers. The boilers are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per COMSC

INSTRUCTION 4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment classified as “critical.” Only OEM-authorized service and parts providers have access to proprietary drawings and technical data, and have the expertise and knowledge to provide OEM parts, components, and qualified services. The failure of a Boiler will result in a loss of propulsion and electrical power throughout the vessel. OEM-authorized representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

E. WI 305: MSD Controller Replace (De Nora Water Technologies LLC)

This work requires supply of De Nora Water Technologies LLC as the sole-source OEM for parts and servicing of the Marine Sanitation Devices (MSD’s) on board the USNS Mercy (T-AH 19). The

MSD’s are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per

COMSC INSTRUCTION 4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”.

Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea.

OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

F. WI 501: Tank Level Indicator Phase 2 (NAG Marine)

This work requires supply of NAG Marine as the sole-source OEM for parts and servicing of the Tank

Level Indicating System on board the USNS Mercy (T-AH 19). The Tank Level Indication System is listed as critical equipment per SMS #10.6-002-01-AH. Per COMSC INSTRUCTION 4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

G. WI 502: Distilling Plant Overhauls (Maxim Watermakers LLC)

This work requires supply of Maxim Watermakers LLC as the sole-source OEM for parts and servicing of the Evaporators on board the USNS Mercy (T-AH 19). The Evaporators are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION

4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services.

Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and

H. WI 513: Potable Water Heater Install (Aero International Inc.)

This work requires supply of Aero International Inc. as the sole-source OEM for parts and servicing of the Water Heaters on board the USNS Mercy (T-AH 19). The Water Heaters are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION

4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services.

Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and

I. WI 517: Steering Gear Control Repair and Calibrate (Philadelphia Gear or Westec Heavy

Machinery Division of Control Flow)

This work requires supply of Philadelphia Gear or Westec Heavy Machinery Division of Control Flow

Inc. as the sole-source OEM for parts and servicing of the Hydraulic Equipment for the Steering Gear on board the USNS Mercy (T-AH 19). The Steering Gear is listed as critical equipment per Safety

Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION 4490.1, an OEM or

OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services. Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

J. WI 517: Steering Gear Control Repair and Calibrate (Mackay Marine & World Wide

Service, Nav Systems Inc.)

This work requires supply of Sperry Marine Authorized Representatives for parts and servicing of the

Electronic Control Equipment for the Steering Gear on board the USNS Mercy (T-AH 19). Mackay

Marine and Nav Systems Inc are OEM Authorized Technical Representatives that have extensive experience with the Steering Gear Controls onboard the Mercy. The Steering Gear is listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per COMSC INSTRUCTION

4490.1, an OEM or OEM-authorized technical representative is required to perform or supervise maintenance and repairs of equipment, such as these items, classified as “critical”. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services.

Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts. The winning prime contractor may choose an alternate OEM Authorized source but must provide MSC proof the source is equally qualified and capable.

K. WI 519: Ballast Valve MOV Repairs (Actuator Specialties Inc)

This work requires supply of company that has extensive experience with servicing of the Ballast Valve motor Operators onboard the USNS Mercy (T-AH 19). Actuator Specialties Inc. are Technical

Representatives that have extensive knowledge and experience with the Valve motor Operators onboard the Mercy. They have access to OEM parts and proprietary drawings and technical data for the Valve

Motor Operators onboard the Mercy. The failure of Ballast Valve Motor Operators will cause the crew to expend a large amount of manpower to manually operate the valves which could result in delay in ability to respond to changes in ships stability while underway. The ability to quickly respond to changes to changes to Ship’s stability is critical to ship and crew safety and mission support.

Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM replacement parts are equivalent to the OEM service and replacement parts. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable.

L. WI 606: Helo Shelter Repairs (Rubb Building Systems) This work requires supply of Rubb Building Systems as the sole-source OEM for parts and servicing of the Portable Helicopter Shelter on board the USNS Mercy (T-AH 19). The Portable Helicopter Shelter is critical equipment required to maintain the vessels Aviation Certification. The Aviation Certification is required to maintain the ability to transport patients to/from the vessel while on mission. Only OEM-authorized service and parts providers have access to proprietary drawings/technical data and have the expertise and knowledge to identify and provide OEM parts, components, and qualified services.

Incorrectly installed or deficient parts could cause system failure and loss of navigation at sea. OEM-authorized Representatives will only install genuine OEM parts supplied from within the authorized distributor network. This maintains all OEM warranties and ensures equipment reliability, therefore precluding consideration of a product manufactured by another company. Notwithstanding the rationale above, MSC further does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts are equivalent to the OEM service and replacement parts.

4. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The requirement has been synopsized at the Government Point of Entry (GPE), FedBizOps website, and the

Government intends to post a Request for Proposal (RFP) along with this justification at the GPE 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 as a subcontractor to perform the work in the related WIs.

5. 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.

6. Actions to Removed Barriers to Future Competition: For reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. If the prime contractor identifies an alternate source fully qualified by technical expertise, experience, and access to OEM parts and technical data, the prime contractor must submit its analysis and documentation supporting the alternate source to the Contracting Officer not later than May 8, 2018.