J_and_A_Redacted.docx

N104-13-P-1341

J&A No. N10419R6012

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 listed below of the Statement of Work (SOW) for the Regular Overhaul (ROH) Availability of the USNS ARCTIC under RFP N32205-19-R-6012 . 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)

· 202– Cincinnati Gear/Waukesha Bearing

· 414/415/416 Nav-1 Systems

· 504 – Allied Systems

· 515 – IMO Pumps

· 517 – Alpha Laval

· 908 – Allied Marine Services

· 921 – Wartsila Defense

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 WI 202, 414, 415, 416, 504, 515, 517, 908, 921. For the 60-day ROH availability, the estimated dollar value of the nine work items is $XXXXXXXX, which will be funded utilizing FY 20 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 202 SEAL CHANGE FOR REDUCTION GEAR THRUST BEARINGS A representative from the Cincinnati gear/Waukesa Bearing Company is required for disassembly and inspection of the ship’s thrust bearings. Cincinnati Gear/Waukesha Bearing is the OEM for the thrust bearing and there are no authorized representatives outside of the OEM. It is an unacceptable risk to have an unapproved technical representative for the ship’s reduction gears. The use of a non-OEM authorized vender could result in improper assembly and catastrophic bearing failure resulting in personnel injury.

b. WI 414 RUDDER ANGLE INDICATION INSPECTION AND MAINTENANCE

WI 415 GYROCOMPASS AND REPEATERS GROOM

WI 416 STEERING CONTROL CIRCUIT CARD MAINTENANCE

Nav-1 Systems is an authorized Sperry/Northrup Grumman/Steering Gear control systems representative. The Steering Gear and Gyrocompass are both included in the Military Sealift Command COMSCINST 4490.1A, List of OEM and Non OEM Use Policy. This policy is a command directive that identifies venders that are authorized to work on Critical Ship Systems and Equipment.

c. WI 504 RHIB DAVIT OVERHAUL AND CERTIFICATION Allied Systems is the OEM of the RHIB Boat Davit. Allied Systems has 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 improper parts and service and a degraded functionality that could incapacitate the davit and result in the loss of mandatory rescue services required for helicopter operations. Proper upgrade, parts, and maintenance of the RHIB Davit is critical to the safe operations of the USNS ARCTIC, T-AOE-8.

d. WI 515 MISCELLANEOUS PUMPS AND MOTOR OVERHAUL IMO pumps is the OEM of the reduction gear lube oil system pumps. There are no authorized representative outside of Imo Pumps. Improper repairs by a non-OEM provider could result in improper parts and service and a degraded functionality that could incapacitate the reduction gear(s). The reduction gear and lube oil pumps are 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 venders that are authorized to work on Critical Ship Systems and Equipment.

e. WI 517 OILY WATER SEPERATOR REPLACEMENT TALT 301.

Alfa – Laval is the OEM for the newly installed Oily Water Separator. The OEM is required for system installation and initial startup and operations. There are no authorized Alfa Laval’s representatives outside of the OEM.

f. WI 908 CATHELCO PROTECTION SYSTEM PM Allied Marine Services is an authorized representative of the Cathelco Marine Growth Inhibit System. They have access to all the copyrighted electrical system drawings and components.

Allied Marine Services was the installing OEM for this system on the USNS Arctic in 2017.

There are no other authorized representatives for the Cathelco Marine System.

g. WI 921 REPLACE RUDDER STOCK SEALS.

Wartsila is the OEM for the John Crane rudder seals installed on the TAOE6 class rudder system. The seals were purchased directly from Wartsila and are installed by Wartsila trained technicians. The use of other unauthorized technicians can lead to improper installation and flooding in the After Steering Compartment on the ship. Rudders and Wartsila are included on the list of MSC authorized OEMs vendors include in the Military Sealift Command COMSCINST 4490.1A, List of OEM and Non OEM Use Policy. This policy is a command directive that identifies venders that are authorized to work on Critical Ship Systems and 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/ROH/DD 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.

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.

Legal Sufficiency Review:

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

Signature Name (Printed) Phone No. Date

Contracting Officer Certification:

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

Signature Name (Printed) Phone No. Date

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).