JA_18R4553_USNS_SIOUX_ROHDD_REDACTED.pdf

J&A. N104-18-R-4553

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 under Work Items (WI) 0202, 0203, 0302, 0401, 0403, 0405, 0406, 0603, 0605, 0903, 0905 and 0914 of the Statement of Work (SOW) for the Regular Overhaul/Dry-Docking (ROH/DD) of the USNS SIOUX (T-ATF 171) under RFP N32205-18-R-4553. 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.

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 listed below. Funding utilized for the contract awarded will be FY 19 Operation & Maintenance funds.

Work Items and Required Service Representative(s):

• 0202 Propulsion System, Inc. (PSI) Technical Representative

• 0203 Marine Systems, INC (MSI) Technical Representatives.

• 0302 Fairlead Integrated Power and Controls

• 0401 Authorized Furuno Technical Representative

• 0403 Raytheon-Anschutz OEM technical Representative

• 0405 Authorized Furuno Technical Representative

• 0406 Authorized Furuno Technical Representative

• 0603 Allied Systems Company Technical Representative

• 0605 Allied Systems Company Technical Representative

• 0606 Willard Marine, Inc. Technical Representative

• 0903 Ships Machinery International (SMI) Brunvoll Technical Representative

• 0905 Wilson Walton International (WW) Engelhard Industries Technical

Representative

• 0914 Propulsion System, Inc. (PSI) Technical Representative

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full-and-open competition is 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1 (a)-(c), whereby parts and service sources are unique or available from a limited number of sources. Competition will be limited to

OEMs and/or exclusively OEM-authorized parts providers/service technicians providing name parts.

5. Rationale Justifying Use of Cited Authority:

a. WI 0202 Controllable Pitch Propeller Systems Groom and Adjustment

Propulsion System Inc. (PSI) is the Original Equipment Manufacturer (OEM) for the Controllable pitch system installed onboard the USNS SIOUX. These systems are critical to ship maneuverability and operation. During the course of the dry-docking overhaul these systems will be secured and isolated for approximately 42 days. This type of equipment is categorized as “critical equipment,” which has several aspects: (1) equipment failure would affect operation of the a key readiness system, including, propulsion and auxiliary and safety equipment, restricting the ship to port, unable to perform its required missions; (2) Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems -- including the OEM parts described here -- as critical equipment; (3) MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1;

(4) regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this type of shipboard equipment by an authorized OEM representative. In addition, the OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. The OEM retains the rights to all design drawings, tolerances, and original parts for the pumps. Even if the intellectual property were not held by the OEM, MSC does not have the manufacturing and technical information or equipment required to reverse engineer or manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the OEM equipment installed on MSC vessels; where applicable any work performed by any company other than the OEM would void warranties on this equipment. In sum, proper inspection, refurbishment and maintenance of the equipment is critical to safe vessel operation.

At the end of the overhaul these systems will be returned to full operation for dock trials, USCG/ABS testing, and sea trials. The controllable pitch system is an electro hydraulic and pneumatic operated system that when left un-operated for a period of time accumulates moisture and contaminants that creates blockages to the critical control air and oil passages delaying the propeller pitch response time. A “groom” of the controllable pitch system prior to restoring to service will bring the system back to designed operational criteria. Failure to perform this requirement will result in system failure and loss of ships maneuverability. PSI as the OEM has access to proprietary information to accomplish the required grooming, and to validate that the systems’ responses are within OEM specification.

b. WI 0203 Overhaul Port and Starboard Main Engine Thermostats

This work item is for OEM technical Representative disassembly and Overhaul the port and starboard main engine thermostatic AMOT valves. MSI is the OEM of the EMD 645 series main engines installed onboard Sioux associated with this repair. This type of equipment is categorized as “critical equipment,” which has several aspects: (1) equipment failure would affect operation of a key readiness system, including, propulsion and auxiliary and safety equipment, restricting the ship to port, unable to perform its required missions; (2) Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems -- including the OEM parts described here -- as critical equipment; (3) MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1;

(4) regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this type of shipboard equipment by an authorized OEM representative. In addition, the OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. The OEM retains the rights to all design drawings, tolerances, and original parts for the pumps. Even if the intellectual property were not held by the OEM, MSC does not have the manufacturing and technical information or equipment required to reverse engineer or manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the OEM equipment installed on MSC vessels; where applicable any work performed by any company other than the OEM would void warranties on this equipment. In sum, proper inspection, refurbishment and maintenance of the equipment is critical to safe vessel operation.

Failure to properly overhaul these thermostatic AMOT valves will result in main engine overheating and possible catastrophic engine failure. MSI has the technical expertise and the correct elements to properly overhaul these valves.

c. WI 0302 Ups to Battery Upgrade

This work requires the supply of Fairlead Integrated Power and Controls (FIPC) OEM parts and technical representatives for the upgrade of USNS SIOUX’S Battery Charger System. The Battery Charger System is an integral system. This type of equipment is categorized as “critical equipment,” which has several aspects: (1) equipment failure would affect operation of the a key readiness system, including, propulsion and auxiliary and safety equipment, restricting the ship to port, unable to perform its required missions; (2) Safety Management Systems (SMS) number 10.6-002-ALL lists the propulsion and mission and safety systems -- including the OEM parts described here -- as critical equipment; (3) MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1; (4) regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this type of shipboard equipment by an authorized OEM representative. In addition, the OEM Representative has access to software and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. The OEM retains the rights to all design drawings, tolerances, and original parts for the pumps. Even if the intellectual property were not held by the OEM, MSC does not have the manufacturing and technical information or equipment required to reverse engineer or manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the OEM equipment installed on MSC vessels; where applicable any work performed by any company other than the OEM would void warranties on this equipment. In sum, proper inspection, refurbishment and maintenance of the equipment is critical to safe vessel operation.

FIPC owns all rights to the Beach Panel. Beach was the designer and OEM for the Battery Charger System on the T-ATF platforms. Regulatory agencies require annual Periodic Safety Test Procedure (PSTP). The procedure needs software maintained by FIPC to operate correctly.

FIPC owns and maintains all of the logic ladders that are needed for proof of system. Moreover, only FIPC has access to proprietary drawings/technical data and has the expertise and knowledge to identify and provide OEM parts, components, and qualified services for required repairs/maintenance. If the Battery Charger System becomes inoperable, a loss of propulsion while at sea can occur. Additionally, incorrectly installed or deficient parts could cause system failure and loss of control at sea. FIPC 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 0403 STD 22 Dual Gyro System Annual Maintenance

This work requires the supply of an Authorized Furuno Technical representative and parts for USNS SIOUX’S Furuno Marine Radar model FAR-2107/2807 series. The above bridge equipment is listed as critical equipment per SMS #10.6-002-01-ATF. 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 control 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.

e. WI 0405 Speed Log Replacement

This work requires an Authorized Furuno Technician to work on the Furuno Speed Log Model DS-60 series for USNS SIOUX’S Furuno Speed Log. The equipment is listed as critical equipment per SMS #10.6-002-01-ATF. 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 control 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 0406 Echosounder Replacement

This work requires an Authorized Furuno Technician to work on the Furuno Echosounder Model FE 800 series for USNS Sioux’s Furuno Echo Sounder. The equipment is listed as critical equipment per SMS #10.6-002-01-ATF. 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 control 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 0603 Annual Inspections and Maintenance of SOLAS RHIB Davit and Cradle

Allied Systems is the OEM for ship’s Model D6700FCTS davits used onboard SIOUX for deployment/retrieval of Ship’s SOLAS Rescue Boat. Davit is critical to personnel safety and in maintaining the requirements of regulatory body for SOLAS. Allied Service Representatives are trained and certified to inspect, maintain, and service the davit which greatly mitigates risk associated with davit failures. Failure to conduct and or perform this requirement could result in davit failure and personnel injury, and or death while retrieving and or launching the SOLAS rescue boat. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable.

h. WI 0605 ANNUAL Maintenance and certification of Ship’s Crane

The Allied Systems is the OEM for ship’s Model TB 60-64 crane used onboard SIOUX for secondary deployment/retrieval of Ship’s SOLAS Rescue Boat, and the primary means of deployment/retrieval of Ship’s Work Boat, handling of ship’s stores and supply, and the on loading of mission essential equipment. Allied Service Representative trained and certified to inspect, maintain, and service the crane which greatly mitigates risk associated with crane failures. Failure to conduct of perform this requirement could result in crane failure and personnel injury or death. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable.

i. WI 0606 SOLAS Boat Annual Inspection

Willard Marine Inc. is the OEM of the ships SOLAS rescue boat and is a certify and recognized ABS repair facility. Willard Marine (OEM) and or its authorized or qualified technical field service representative is required to conduct this critical annual inspection of the SOLAS rescue boat.

j. WI 0903 Bow Thruster Blade Seal Replacement.

Ships Machinery International (SMI) is the OEM representative for the Brunvoll type SPT-VP, 300 HP Bow Thruster installed onboard the USNS SIOUX. The Bow Thruster is critical to ships maneuverability and positioning during three point mooring at sea and dockside mooring. The Thruster is the original installed, and is due for a seal replacement to bring it back to manufactures specification. This Blade seal replacement can only be done while the ship is dry-docked. SMI as the OEM representative has the proprietary information and the requisite knowledge to properly change out and renew the seals and adjust the control systems of the STP- VP Bow thruster.

k. WI 0905 Cathodic Protection

The Cathodic Protection system installed in the USNS Sioux is manufactured by Englehard Industries and requires inspection, adjustment and verification by an OEM trained technical representative. The inspection of the underwater anodes, reference cells, and the Dielectric shield can only be properly inspected while the ship is dry-docked. Inspection and adjustment by OEM technical Rep will certify the system is operating as designed and is satisfying its purpose of corrosion elimination on the hull, rudders and propellers. Englehard Industries OEM Technical representative Wilson Walton has the requisite knowledge and the proprietary technical information to inspect and adjust the cathodic system. Failure to properly adjust this system will result in galvanic corrosion and blistering of underwater hull paint. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable.

l. WI 0914 Shafting and Controllable Pitch Propeller Overhaul

Propulsion System Inc. (PSI) is the Original Equipment Manufacturer (OEM) for the Controllable Pitch Propeller system installed onboard the USNS SIOUX. These systems are critical to ship maneuverability and operation. During the course of the dry-docking overhaul these systems will be secured and isolated for approximately 42 days. There is a high probability that the hub may develop several leaks while sitting on the blocks for extended period of time, and will require the hub and shafting assembly to be removed for repairs. PSI as the OEM has access to proprietary information to accomplish the required repairs, and to return the system to OEM specification.

MSC does not have manufacturing and technical information required to evaluate the listed WIs and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. The WIs listed in this section require special tools, specialized repair parts, and technical expertise unique to this equipment; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. Only the OEM Representative has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offrors as Practicable: The requirement has been synopsized at the Government Point of Entry (GPE), FedBizOpps website, and The Government intends to post a Request for Proposals (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.

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.

8. 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. The winning prime contractor may choose an alternate source but must provide MSC proof the source is equally qualified and capable. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.