J___A_FOR_ESL_MTA_Redacted.pdf

J & A No. N104-18-R-4552

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) 0202, 0204, 0303, 0305, 0402, 0403, 0405, 0406, 0409, 0501, 0504, 0604, 0606, 0613, and 0901 of the Statement of Work (SOW) for the Mid-Term Availability (MTA) of the USS EMORY S LAND (AS-39) under RFP N32205-18-R-4552. 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 fifteen (15) Work Items is which will be funded utilizing FY 18 Operation & Maintenance funds.

Work Items and Required Service Representative(s):

0202: Coffin Feed Pump Servicing (Coffin Turbo Pump Inc.)

0204:Boiler Safety Valve Actuator Panel Repair (GIS) 0303: Ship’s Service Turbine Generators Nos. 3 and 4 Servicing (Siemens Inc.)

0305: Ship’s Service Turbine Generators Nos. 1 and 2 Repair (Siemens Inc.)

0402: Fathometer Servicing (Furuno) 0403: Gyro Compass Servicing (Sperry) 0405: Radar Repair (Furuno) 0406: Radar and ECDIS Servicing (Furuno) 0409: Radar, Antenna Relocation 0501: Air Condition Plant Repair (Johnson Controls) 0504: Steering and Anchor Windlass System Servicing (WesTech Division) 0604: Rescue Boat Davit Servicing (Allied Technical Services) 0606: 5 Ton Crane Servicing and Certification (Oldenburg Lake Shore and Skyazul Equipment Solutions) 0613; Rescue Boat Servicing (Willard Marine) 0901: Underwater Inspection in Lieu of Dry-docking (Seaward Marine)

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 0202, Coffin Boiler Feed Pump Servicing This work requires supply of Coffin Turbo Pump Inc. as the sole-source Coffin Feed Pump OEM for parts and servicing of the USS Emory S. Land’s Coffin Model “D” turbine driven boiler feed pumps.

The boiler feed pumps are listed as critical equipment per Safety Management System (SMS) #10.6- 002-01-AS. 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. A loss of boiler feed water results in loss of propulsion which when at sea affects mission accomplishment, as well as crew and vessel safety. 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.

b. WI 0204 Boiler Safety Valve Actuator Panel Repair This work requires supply of Greno Industries Services (GIS) as the sole-source OEM for parts and servicing of the USS Emory S. Land’s boiler safety valve system. The boilers are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AS and the boiler safety valve system is a critical safety element of the boilers. 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 safety valve can result in excess pressure within the boiler and steam piping system which can result in a boiler explosion or high pressure/high temperature steam leak as well as loss of propulsion. 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 0303 Ships Service Turbine Generator (SSTG), numbers 3 and 4, Servicing This work requires supply of Siemens Inc. as the sole-source OEM for parts and servicing of the USS Emory S. Land’s no. 3 and no. 4 SSTGs, Type GJ. The SSTGs are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AS. 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 SSTGs results in loss of ship’s electrical power required to support propulsion equipment as well as mission support. 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 0305 Ships Service Turbine Generator (SSTG), numbers 1 and 2, Repairs This work requires supply of Siemens Inc. as the sole-source OEM for parts and repair of the USS Emory S. Land’s no. 1 and no. 2 SSTGs, Type GJ. The SSTGs are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AS. 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 SSTGs results in loss of ship’s electrical power required to support propulsion equipment as well as mission support. 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 0402 Fathometer System Servicing This work requires an Authorized Furuno Technician to service the Furuno Fathometer Model FE 700.

The equipment is listed as critical equipment per SMS #10.6-002-01-AS. 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 0403 Gyro Compass Servicing This work requires the supply of a Sperry technician to service the ship’s main gyro compass, model WSN-7B, and auxiliary gyro compass, model MK23. The gyro compasses are listed as critical equipment per SMS #10.6-002-01-AS. 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 0405 Radar Repair This work requires an Authorized Furuno Technician to repair the ship’s radar antennas by replacing magnetron. The radar is listed as critical equipment per SMS #10.6-002-01-AS. 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.

h. WI 406, Radar and ECDIS Servicing This work requires a Furuno Technician to service the ship’s Furuno model FAR 2127BB and FAR 2117 radars, and a Transas Technician to service the ship’s ECDIS model 4000. The radars and ECDIS are listed as critical equipment per SMS #10.6-002-01-AS. 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.

i. WI 0409 Radar Antenna Relocation This work requires a Furuno Technician to support relocation of the ship’s radar antenna on ship’s mast.

The radar is listed as critical equipment per SMS #10.6-002-01-AS. 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 0501 Air Conditioning Plant Repair This work requires supply of Johnson Controls Company as the sole-source OEM for parts and servicing of the USS Emory S. Land’s air conditioning plants, model LTPN-59, 250 ton. The air conditioning plants are listed as critical equipment per the USS Emory S. Land’s Ship’s Automated Maintenance Management (SAMM) system. 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 loss of air conditioning can impact mission accomplishment in warm climates as well as result in safety hazards to the ship’s crew. 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.

k. WI 0504 Steering and Anchor Windlass Servicing This work requires supply of WesTech Division of Control Flow as the sole-source OEM for parts and servicing of the USS Emory S. Land’s steering system, model SHRES 10.75A, and anchor windlass systems, models WAHEV3-50 (forward units) and WAHE3 (aft unit). These equipments are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AS. 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 steering gear system can result in loss of maneuverability and loss of mission. The failure of the anchor handling system can result in loss of the ship’s ability to stop in an emergency. Both systems are critical to ship and crew safety and mission support. 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.

l. WI 0604 Port and Starboard RHIB Davit and Winches Annual Certification The work item requires the supply of Allied Service OEM parts and technical representatives for the servicing the rescue boat davit type D-6700FCTS. The davits are critical safety equipment needed to deploy the ships rescue boats in the event of man overboard or similar situation. The davits are listed as critical equipment per the USS Emory S. Land’s Ship’s Automated Maintenance Management (SAMM) system. 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 loss of rescue boat davits can result in the inability to satisfactorily launch rescue boats thereby creating and unsafe situation for crew inside the rescue boat during the launching as well as for any personnel in the water awaiting rescue. 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.

m. WI 0606 Port and Starboard 5 Ton Cargo and Sail Crane Servicing and Certification This work requires the supply of two (2) OEMs to support servicing of the ship’s two (2) 5 Ton nuclear rated cranes. The 5 ton cranes are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AS. 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 5 ton cranes are critical to the ship’s mission which is to support tended units alongside.

The 5 ton cranes are both nuclear and weapons lift rated and must therefore must be maintained properly which only OEM representatives can support. 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 OEM representatives for this crane are as follows:

- Oldenburg Lake Shore is the 5 Ton Crane OEM for all items except the load moment indicator system.

- Skyazul Equipment Solutions as the OEM for the Load Monitoring Systems has the required knowledge, experience, special tools and access to the proprietary information necessary to service the LMI. The LMI correlates boom angle with lift load to prevent crane overload.

n. WI 0613 Rescue Boats Servicing The work item requires the supply of Willard Marine OEM parts and technical representative for the servicing the rescue boats model 22 Ft Sea Force 670 Solas RHIB. The rescue boats are critical safety equipment in the event of man overboard or similar situation. The rescue boats are listed as critical equipment per the USS Emory S. Land’s Ship’s Automated Maintenance Management (SAMM) system. 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 loss of rescue boat can result in the inability safely retrieve personnel in the water awaiting rescue. 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.

o. WI 0901 Underwater Inspection in Lieu of Dry-docking

The USS Emory S. Land is enrolled in the American Bureau of Shipping’s UWILD program which permits a dive inspection of the ship’s hull in lieu of a formal dry-docking inspection. The USS Emory S. Land requires divers with dosimetry devices to inspect the full underwater hull. Seaward Marine is the only known diver company which is recognized by ABS to support UWILD and that has the capability of providing divers with dosimetry monitoring equipment.

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 March 1, 2018.