N10420Q4502 JA_Redacted.pdf

J&A No. N10420Q4502

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC).

2. Description of the Action Being Approved: Award of a contract on a sole source basis for parts from Kongsberg Maritime in support of the USNS PATUXENT (T-AO 201).

3. Description of Supplies/Services: MSC has a requirement for Kongsberg Maritime parts to support overhaul and repairs of the Ship Service Diesel Generators (SSDG) aboard the USNS PATUXENT (T-AO 201). The action executed under this J&A has an estimated value of using fiscal year (FY) 2020 United States Navy Working Capital Funds (NWCF).

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition for FAR subpart 13.5 requirements is 41 U.S.C. 1901.

5. Rationale Justifying Use of Cited Authority:

The USNS PATUXENT (T-AO 201) has two (2) Ulstein Bergen SSDG’s installed onboard. The port and starboard SSDG sets provide ship service power and/or provide electrical power to motorize the Power- Take-Offs (PTO) for emergency propulsion. The Original Equipment Manufacturer (OEM) for the Ship Service Diesel Generators is Ulstein Bergen A/S, Norway which is now owned by Kongsberg Maritime.

OEM parts are required for all critical equipment onboard T-AO class ships. Proper refurbishment to include use of OEM parts on the SSDG are critical to the safe operation of the T-AO Class Vessels.

Safety Management Systems (SMS) number 10.6-002-ALL lists the SSDGs as critical equipment. Failure of the SSDGs would restrict the ship to port unable to perform its required mission. Proper refurbishment and maintenance of the SSDGs are critical to the safe operations of the T-AO Class Vessels.

MSC does not possess or have the data rights to the manufacturing drawings and processes, OEM specifications, material tolerances, and other technical data pertaining to the parts, and is unable to purchase the data rights due to proprietary reasons. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM parts is not known to MSC. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the SSDGs installed on the USNS PATUXENT (T-AO 201).

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: The Government intends to post a combined synopsis/solicitation at the Government Point of Entry, FedBizOpps website, with the intent of awarding a firm-fixed-price purchase order. Prospective contractors will be required to use OEM parts as required in order to support the SSDG overhaul on-board the USNS PATUXENT (T-AO 201).

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for required parts is fair and reasonable pursuant to FAR 13.106-3.

8. Market Research: Market research was conducted to ascertain the requested parts are commercial in nature and to determine availability of parts in the commercial marketplace. Market research revealed parts are readily available from only one source, the OEM, Kongsberg Maritime.

9. A Listing of the Sources, if any that expressed, in writing, an interest in the Acquisition: No sources to date have expressed an interest in providing the required SSDG parts.

10. Actions to Removed Barriers to Future Competition. For the reasons set forth in Paragraph 5, Kongsberg Maritime parts are required. If another potential source emerges, MSC 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.