MERCY_FY-19_MTA_JA__.pdf

J & A No. N104-19-R-6502

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 or limited source justification and approval (J&A) for work to be provided under Work Items (WI) 201, 204, 301, 302, 401, 402, 502, 705-6 and 801 of the Statement of Work (SOW) for the Mid-Term Availability (MTA) of the USNS MERCY (T- AH 19) under RFP N32205-19-R-6502. 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 discussed below.

3. Description of Supply Services: MSC Norfolk requires Original Equipment Manufacturer (OEM)-authorized technical field representatives and OEM parts to accomplish requirements of the WIs listed below. The 10 Work Items will be funded utilizing Fiscal Year (FY)-19 Operation and Maintenance funds.

Work Items and Required Service Representative(s):

• 201: Boiler Burner Repairs (Todd Combustion Incorporated (Inc.))

• 204: Heat Balance Instrumentation Installation (Technical Marine Services)

• 301: Boiler Soot Boiler Control Install (Babcock & Wilcox Company)

• 302: Circuit Breaker Service and Repair (Eaton, Siemens and Federal Pacific)

• 401: Communications Systems Groom and Service (ABS & OEM Approved)

• 402: Telephone System Service (Nortel Meridian)

• 502: Distilling Plant Overhauls (Maxim Watermakers)

• 705: Galley Equipment Grooming MTS (DW Boyd, The Source)

• 706: Patient Ward Galley Equipment Groom (DW Boyd, The Source)

• 801: No 2 Chiller Compressor Overhaul (Carrier Transicold)

4. Statutory Authority Permitting Other Than Full and Open Competition: 10 U.S.C 2304 (c) (1):

Only one responsible or limited sources 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 201: Boiler Burner Repairs (Todd Combustion Inc.)

This work requires the supply of Todd Combustion Inc. as the sole-source OEM for parts and servicing of the Burner Registers for the USNS Mercy’s Propulsion Boilers. The boilers are listed as critical equipment per Safety Management System (SMS) #10.6-002-01-AH. Per Commander (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.

b. WI 204: Heat Balance Instrumentation Installation (Technical Marine Services) This work requires supply of Technical Marine Services as the sole-source OEM for parts and servicing of the Automation Controls for 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 301: Boiler Soot Blower 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.

d. WI 302: Circuit Breaker Service and Repair (Eaton, Siemens and Federal Pacific) This work requires supply of an Eaton, Siemens and Federal Pacific OEM authorized repair facility as the source for OEM parts and servicing of the USNS Mercy’s Circuit Breakers. The Electrical Power Distribution System 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 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 the Electrical Distribution System could result in a loss of propulsion and electrical power throughout the vessel 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 401: Communications Systems Groom and Service (ABS & OEM) This work requires supply of an ABS Approved and OEM Authorized facility as the source for OEM parts and servicing of the Communication Equipment on board the USNS Mercy (T-AH 19). The Communication Equipment 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 communication 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

f. WI 402: Telephone System Service (Nortel Meridian) This work requires supply of Nortel Meridian authorized repair facility as the source for OEM parts and servicing of the Dial Telephone System on board the USNS Mercy (T-AH 19). 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 communication 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 safe drinking water 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 705: Galley Equipment Grooming MTS (DW Boyd, The Source)

WI 706: Patient Ward Galley Equipment Groom (DW Boyd, The Source) This work requires supply of Authorized Representatives as the sole-source OEM for parts and servicing of the Galley Equipment onboard the USNS Mercy (T-AH 19). D W Boyd and The Source are OEM Authorized Technical Representatives that have extensive experience with the Galley Equipment onboard the Mercy. 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.

i. WI 801: No 2 Chiller Compressor Overhaul (Carrier Transicold) This work requires supply of Carrier Transicold as the sole-source OEM for parts and servicing of the 500 Ton Air Conditioning Plants onboard the USNS Mercy (T-AH 19). The Auxiliary Diesel Generators 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 Air Conditioning 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

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 Remove Barriers to Future Competition: For reasons set forth in Paragraph 6, 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 April 1, 2019.