J-A - BYRD ROH-DD FY21 POSTING.docx

J&A No. N104-20-Q-4096

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

AMENDED

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)/Dry-Dock (DD) of the USNS RICHARD E BYRD TAKE-4 under RFP N33205-20-Q-4096. This Justification covers 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)

· 201 – GE Power Conversion

· 202 – Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

· 204 – Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

· 205 – GE Power Conversion

· 206 – American Vulcan Corporation

· 212A - Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

· 212B - Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

· 231 – Fairbanks Morse Engine

· 301A– GE Power Conversion

· 305 – Fairlead Integrated Power and Controls

· 312 – GE Power Conversion

· 353 – Fairlead Integrated Power and Controls

· 404 – Hose-McCann

· 424 – Harris Corporation

· 502 – TTS Marine

· 504 – Appleton Marine

· 506 – Hawthorne CAT or Carter Cat

· 517A – PHEX LLC

· 518A – PHEX LLC

· 527 – Drew Marine

· 542 – Fairbanks Morse Engine / MSHS Motor Services Hugo Stamp

· 580 – Rolls Royce

· 585 – NAG Marine

· 607 – Federal Equipment

· 651 – FASSMER Service America 653 – FASSMER Service America

· 657 – FASSMER Service America

· 802– Trident LLC/JCI

· 810 – Trident LLC/JCI 820 – Trident LLC/JCI

· 951 – 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 the above mentioned WIs during a 75-day ROH/DD availability.

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 201 - Propulsion Motor and Cooler Cleaning, Inspection, and Maintenance

WI 205 - AUTOMATION AND PROPULSION CONTROL INSPECTION AND TEST (1 YR)

WI 301A - CLEANING MAIN GENERATORS AND PROPULSION CONTROL SYS (2.5 YR) WI 312 - SERVICE HARMONIC FILTERS (2.5 YR)

A GE Energy & Power Conversion representative is required to fulfill regulatory preventive maintenance on the propulsion motors and heat exchangers. GE Energy & Power Conversion is the OEM of this equipment and proprietary owner of the software and parts used to install, set up, test, operate, and maintain the propulsion motor and associated equipment. It is essential that only GE Energy & Power Conversion provide service for this critical equipment. No other provider is able to provide the technical data and proprietary information needed to perform all required removals, cleaning, and reinstallations. GE Energy & Power Conversion holds the MSC IDIQ contract for service and parts under N00033-12-D-8023. The cleaning of this critical propulsion equipment is mandatory at 2-1/2 years.

b. WI 202 MDE Fluid Flexible Connectors Replacement

WI 212A - MAIN ENGINE 8 CYLINDER SERVICE (42K HRS)

WI 212B - MAIN ENGINE 9 CYLINDER SERVICE (42K HRS)

WI 542 - LTFW NO 1 AND NO 2 16 INCH LESLIE VALVE OVERHAUL

The rationale justifying the use of the cited authority is in accordance with the T-AKE Class J & A N104-T-AKE MPDE. The OEM of the 8L & 9L, 48/60 four-stroke turbocharged diesel engines is MAN Diesel, Germany. Fairbanks Morse Engine and Motor Services Hugo Stamp are the only authorized MAN Diesel, Germany representatives in the United States as identified by a licensing agreement between the parties. Proper refurbishment and maintenance of these engines is critical to the safe operation of the T-AKE vessels. OEM parts from the original manufacturer are required to maintain all warranties and ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

c. WI 206 - Main and Emergency Diesel Generator Coupling Inspection

T-AKE Class Main Diesel Generators and Emergency Diesel Generators were installed with American Vulcan couplings using Fairbanks Morse (FME) and Caterpillar business-sensitive drawings. These couplings are under warranty agreement with American Vulcan Corporation, FME, and Caterpillar. Only American Vulcan, FME, and Caterpillar can provide the proper tools and service reps to service these couplings. OEM parts from the original manufacturer are required to maintain all warranties and ensure engine reliability and crew safety, therefore precluding consideration of a product manufactured by another company. The OEM authorized representative will have access to parts and technical data from the OEM as required by USCG and ABS regulation. This maintains all OEM warranties, shipclass continuity, and ensures ship reliability and crew safety.

d. WI 204 - MDE CONTROL SAFETY INSPECTION AND TEST (1 YR) WI 231 - MDG SACOS UPS Repair (TALT352)

Fairbanks Morse Engine is the OEM authorized and qualified to perform shipboard maintenance and inspections of the MDE control and monitoring circuitry. Fairbanks Morse Engine owns the technical data and proprietary information in order to inspect and provide maintenance to the splash oil system, electrical control systems and safeties. The OEM has the required knowledge, expertise, and tools to perform the work outlined in the SOWs and provide a satisfactory inspection that meets USCG/ABS requirements.

e. WI 305 - PLC Surveys

WI 353 - THERMOGRAPHIC SURVEY (1 YR)

Fairlead Integrated Power and Controls, formerly Miller Integrated Power and Controls, is the owner of the proprietary rights to the beach panel switchboards and the propulsion logic controls (PLC) installed throughout the T-AKE class ships. Beach Panel transitioned its ownership, staff, and intellectual property rights to Miller Integrated Power and Controls. Miller Integrated Power and Control changed its name to Fairlead Integrated Power and Controls and retained its ownership, staff, and intellectual property rights to these switchboards and PLCs. POWERGUN controls, an authorized service representative, has access to parts and technical data from the OEM. USCG and ABS regulation requires use of OEM parts and services. Use of either the OEM or POWERGEN Controls maintains all OEM warranties, ship-class continuity, and ensures ship reliability and crew safety.

f. WI 404 – PAGA and Telephone System UPS (T-ALT 323)

Hose-McCann is the OEM of the PBX telephone system and EPIC-2225 PA/General Alarm System for the T-AKE Class Ships. Hose-McCann holds the required knowledge, experience and proprietary information capable to validate, provide replacement parts, and reprogram the software inherent to the PBX telephone system and EPIC-2225 PA/General Alarm System installed on T-AKE Class. HoseMcCann holds all proprietary rights to the software, parts and programming codes essential for repair and programming the Hose-McCann PBX telephone system and EPIC-2225 PA/General Alarm System.

g. WI 424 - Hydra Radio Replacement (TALT 472)

Harris RF Communications is the OEM on the RF-5800H-MP MANPACK Transceiver P/N 10535100-23. Using OEM repair parts will maintain all OEM warranties and ensures system reliability. Harris RF Communications has access to proprietary information and drawings utilized during support and parts upgrades to the RF-5800H Transceiver Radio. This includes proprietary rights to the software and programming codes essential for repair and programming frequency codes.

h. WI 502 – Anchor Windlass Repair

TTS Marine is the sole U.S. distributor for foreign manufacturer KOCHS Germany. TTS KOCKS GMBH is the OEM and owns the proprietary rights for parts distributors. TTS Marine is the sole US distributor for TTS KOCKS GMBH. Use of unauthorized OEM parts will void OEM warranty on the equipment. To prevent damage to the equipment, no unauthorized OEM parts may be used. Use of unauthorized parts can cause failure and damage to other components installed on the equipment. TTS Marine has access to procure parts, provide service and technical data / drawings as required for properly replacing and maintaining the Planetary Gear. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

i. WI 504 - Cargo Crane Annual

Proper knowledge and skill from the OEM is required to satisfactorily perform the ABS-approved cargo crane inspections, checks and repairs. There are no authorized representatives for Appleton Marine. The uninterrupted and safe operation of the cargo cranes is critical to the mission of the ship.

Appleton Marine owns the proprietary rights to the equipment Crane Model EB27-87-47 drawings.

OEM Appleton technical representative(s) must provide technical assistance to Ship’s Force and NSWCCD in performing cargo crane inspections, torque checks and ABS rocking tests on all cargo cranes. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM services are required to meet regulatory requirements of cargo crane inspections, torque checks and to perform ABS rocking tests by ABS and the USCG for crew safety, and to reduce the chances of crane failure which could result in fuel / oil spillage into the sea.

j. WI 506 – EDG Annual Testing and Inspection

Carter CAT (Carter Machinery Company, Norfolk VA) or Hawthorne CAT (San Diego, CA) are the only two known Caterpillar Engine OEMs with T-AKE Emergency Diesel Generator experience and proprietary information capable to execute the tenets outlined in MSC Drawing 079-8387024 and MSC Test Memos for the Caterpillar Model 3516B engines installed on T-AKE EDGs and capable of providing the diagnostic services required to execute a successful demonstration to ABS.

k. WI 802 – CARGO SYSTEM BRINE REPLACEMENT

WI 810 - CARGO HOLD DOOR REFURBISHMENT AND REPLACEMENT

WI 820 - Intellitrace Heat Trace System

The cargo refrigeration system OEM is Johnson Controls, Inc. (formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE class ships. Both Johnson Controls, Inc. and Trident/IMECO, Inc. are York International’s United States service representatives and parts distributors. Each has access to proprietary information and drawings in support of the T-AKE cargo refrigeration system. This includes proprietary rights to the software and programming codes essential for repair and programming of the alarm sensor set points of the T-AKE cargo refrigeration system.

l. WI 517A – LTFW Plate Cooler Cleaning WI 518A – HTFW Plate Cooler Cleaning

PHEX is the OEM of HTFW and LTFW Coolers onboard the T-AKE class of vessels. Dirty plates and basket strainers could render the Distiller/LTFW coolers useless. In turn, loss of the LTFW coolers makes them unable to efficiently cool, thus affecting the operation of the main engines and related auxiliary equipment. Entire engineering plant loss could result from loss of the LTFW coolers. PHEX is the only known provider of OEM technical representatives and they have been involved in all the installations to date. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety.

m. WI 527 – Brine System Flush

Drew Marine is the Authorized Manufacturer’s Representative for the T-AKE class Installed Brine system. The company has the knowledge, skill and equipment to perform the requirements stated in the SOW. This work and installation maintains all OEM warranties, ship-class continuity, and ensures ship reliability, proper plant operation and crew safety

n. WI 580 – Steering Gear Tech Rep

Rolls-Royce is the OEM of the Steering Gear. Any deviations from OEM repair parts could result in personal injury or equipment failure and damage to the Steering Gear. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of additional Bow Thruster damage. The OEM owns all proprietary rights to drawings and parts. MSC does not have the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts would be equivalent to the OEM components and replacement parts. T-AKE Class Bow Thruster systems require special tools and technical expertise unique to this class of ships; only the OEM repair parts are authorized on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification for maintenance. A Sperry Marine representative is required in conjunction with Rolls Royce because Sperry Marine is the source vendor for the ship’s Bridge Equipment. Northrop Grumman Sperry Marine, NAVTECH, and Mackay all possess the qualifications to maintain, troubleshoot, inspect and repair equipment of the Integrated Bridge System (IBS).

o. WI 585 – Ballast Tank Level Indicator (T-ALT 354)

NAG Marine is the OEM for the Tank Level Indicator (TLI) System. NAG Marine has provided all the technical information during the construction of the T-AKE class ships. Ian-Conrad Bergan Inc. is the only known U.S. provider of OEM components and service for ship’s TLI. NAG Marine was a prime contractor to the shipbuilder, NG-NASSCO. NAG Marine served as an integrator for TLI components of the tank, meaning that those tanks (such as for the Ballast water, Ship’s Fuel, and Cargo Fuel) were designed and manufactured specifically for the T-AKE class ships.

p. WI 607 - Replace Roller Curtain Interlock Switches (TALT 199)

Federal Equipment Company is the OEM for the A60 Fire Rated Flight Deck Hanger Service Doors on the T-AKE vessels and has proprietary information, drawings, and repair parts pertaining to the design and repair of the doors Federal Equipment Company owns MFR DWG-6744MM01. Any deviations from OEM repair parts/services could result in personal injury or equipment failure and damage to the Flight Deck Hanger Doors (A60 Fire Rated Service Doors). OEM repair parts/services are required to meet the regulatory requirements of ABS, NAVAIR and the US Coast Guard for crew safety and to reduce the chances of additional damage. The OEM owns all proprietary rights to drawings and parts.

q. WI 651 – ANNUAL LIFEBOAT AND DAVIT INSPECTION

WI 653 – ANNUAL RESCUE BOAT AND DAVIT INSPECTION

WI 657 – ACCOMMODATION LADDER INSPECTION (1 YR)

Fassmer Service America, LLC (“Fassmer”) is the OEM of the T-AKE class Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. Technical expertise is required to review and test components of the ship’s Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders. SMS Number 10.6-002-ALL lists all Lifeboats, Rescue Boats, Davits, and Accommodation Ladders as critical equipment. Failure of this equipment will force the ship to issue a CASREP, and immediately reduce all underway replenishment operations and cargo handling due to reduced crew safety. The loss of two boats would put the ship in a C-4 status, thus rendering it unable to perform the primary mission of providing underway replenishment services to the fleet, until repairs are completed. Proper repair and maintenance are critical to the safe operations of T-AKE vessel life and rescue boat systems.

The OEM holds proprietary technical data for repairs and adjustments of individual systems, Technical Manual TS800-AH-MMC-010_0_0, LIFEBOAT, TOTALLY ENCLOSED, SELF RIGHTING, FASSMER TYPE owned by FASSMER, and proprietary technical data required to meet the SOW. Lifeboats, Rescue Boats, associated davits, and Accommodation Ladders are unique commercial systems that were developed by shipbuilder NASSCO and contracted to FASSMER for design and maintenance support. Only the OEM can provide services as requested under the SOW to maintain system safety and integrity as per regulatory requirements. Similar companies do not have the required technical data and OEM repair parts to review, test and repair these systems.

r. WI 951 - FW Stern Tube Lubrication System Modifications (TALT 403)

Support will be provided on a sole source basis by Wartsila Defense Corporation of Chesapeake, VA for Work Item 951 - FW Stern Tube Lubrication System Modifications. Wartsila Defense will provide all material as Contractor Furnished Material (CFM) and all special tools as Contractor Furnished Tools (CFT). Wartsila Defense of Chesapeake is the only known U.S. provider of OEM components and service for Wartsila Defense equipment. Wartsila Defense was a prime contractor to the shipbuilder, NG-NASSCO, and designed and provided all of the propulsion chain components including the shafting, shaft couplings, stern tube cartridge, stern tube bearings, shaft bearing liners, and the stern tube shaft seals. Wartsila Defense served as an integrator for some components of the shaft and stern tube assemblies, meaning that those components (such as the stern tube bearing) were designed and manufactured by another company specifically for Wartsila Defense. Wartsila Defense has agreements with these companies to provide repair parts for these components.

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 Remove Barriers to Future Competition. For reasons set forth in Paragraph 5, MSC has no plans at this time, other than synopsizing the requirements, to allow prime contractors to solicit these requirements competitively. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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.