N104-T-AO_Rolls_Royce_Class_J A_Redacted.pdf

J&A Control Number: N104-TAO Rolls Royce

FOUO

CLASS JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL AND

OPEN COMPETITION

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

2. Description of Action Being Approved: Award of contracts on a limited source basis for parts and technical representative services from Rolls Royce or any of its authorized distributors in support of the T-AO Class of MSC vessels. The authority to act under this class justification expires on , 2017.

3. Description of Supplies/Services: MSC has a continuing requirement for Rolls Royce parts and services to support overhaul and repairs of the Ship Service Diesel Generators (SSDG) aboard T- AO Class Vessels. The actions executed under this class J&A have an estimated value of $7,000,000.00 using fiscal year (FY) 2016 and 2017 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 Statutory Authority: Use of the authority cited in FAR Subpart 13.5, specifically FAR 13.501(a), is appropriate for this acquisition as this subpart authorizes use of Simplified Acquisition Procedures (SAP) for acquisition of parts or services greater than the Simplified Acquisition Threshold (SAT) and not exceeding $7.0 million. In accordance with (IAW) FAR 13.501(a)(2)(ii), the estimated class value for contracts to be executed under the authority of this J&A exceeds $700,000.00, but does not exceed the $13.5 million threshold ($7,000,000.00 estimate), thus, established IAW agency procedures, the MSC competition advocate, designated pursuant to FAR 6.501, must approve the J&A.

There are currently fifteen (15) active T-AOs in the MSC fleet each with Ship Service Diesel Generators (SSDG). 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 and supported by Rolls Royce Commercial Marine. The use of an Original Equipment Manufacturer (OEM) authorized or otherwise qualified technical field service representative is required for service of these parts. OEM parts are required for all critical equipment onboard T- AO class ships. Proper refurbishment and maintenance of the SSDG are critical to the safe operation of the T-AO Class Vessels. Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by and services from another company.

J&A Control Number: N104-TAO Rolls Royce

FOUO

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 SSDG installed on the T-AO Class ships.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable: In accordance with FAR 5.201(b)(1)(i), the Government intends to issue a synopsis and solicitation on FEDBIZOPPS for each separate procurement, with the intent of awarding a firm fixed price contract.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for requirements are fair and reasonable pursuant to FAR 13.106-3 or 15.404-1, as appropriate on a per solicitation/contract basis.

8. Market Research: A sources sought (SS) notice was posted on the FBO website on 16 February 2016 and closed on 19 February 2016. The SS respondents were required to demonstrate the ability to provide the requested items or alternative solutions that are compatible with the existing Rolls Royce SSDG parts. One (1) response from Rolls Royce was received to date in response to this notice. After reviewing the capabilities statement, the Port Engineers and the Contract Specialist made a determination that Rolls Royce possesses the capability to meet potential SSDG requirements.

9. A Listing of the Sources, if any, that Expressed, in writing, an Interest in the Acquisition:

To date, no additional sources other than Rolls Royce, who was mentioned in paragraph 8, above have been identified. However, an intent to sole source/presolicitation notice will be issued via the Government Point of Entry, the FedBizOpps (FBO) website for each requirement.

10. Actions to Removed Barriers to Future Competition: For the reasons set forth in Paragraph 5, Rolls Royce parts and services are required. Should MSC determine that Rolls Royce parts are no longer required, this J&A will become null and void.

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.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is 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

Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE

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

Signature Name (Printed) Phone No. Date

- - 03-09-2016Date: 2016.03.09 11:34:22 -05'00'

- - 03/16/2016

- - 03/16/2016

Date: 2016.03.16 12:52:17 -04'00'

Date: 2016.03.16 13:39:13 -04'00'

4-29-2016

Date: 2016.04.26 15:45:22 -04'0