J A_30_TON_Boat__Repair_Crane_Redacted.pdf

MILITARY SEALIFT COMMAND NORFOLK

SP64 471 EAST C STREET

NORFOLK, VA 23511-2419

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of the Navy, Military Sealift

Command.

2. Nature of Action:

Award of a firm fixed pride contract on a sole source basis for repair services required to perform annual crane recertification inspections, repairs to clear DFS 014 Slew Brakes deficiency, adjust electric drive speed for Main and Auxiliary Lifts, perform no load tests, perform OEM equipment validation surveys and recertify the USS Emory S Land, 30-Ton

Boat & Repair Crane.

3. Description of Supplies/Services:

This requirement is for Par Marine Services LLC to perform onsite

Equipment Manufacturer (OEM) Annual 30-Ton Crane recertification inspections, repairs, tests and adjustments of the crane, the crane electric drive systems and crane load monitoring system in accordance with SMS instruction requirements using OEM proprietary information, methods and procedures and in compliance with US NAVY crane specifications. Work to be performed onsite onboard USS Emory S Land, Guam with separately contracted industrial shipyard support. The actions executed under this J&A for OEM tech reps services

4. Statutory Authority Permitting Other Than Full and Open Competition:

The statutory authority for commercial procurements greater than

$150,000.00 will be Section 4202 of the Clinger Cohen Act of 1996 as implemented by FAR Part 13.501 (a). Section815 of the National Defense

Authorization Act (NDAA) of Fiscal Year 2015 makes this authority permanent. The statutory authority for simplified acquisitions less than

$150,000.00 and for FAR Part 15 procurements will be FAR Part 13.106-1 and 10 USC. 2304(c)(1) as implemented by FAR Part 6.302-1, respectively.

J&A N106-16-P-0110

5. Rationale Justifying Use of Cited Statutory Authority:

PAR Marine Services LLC is the authorized Original Equipment Manufacturer

(OEM) and the only source capable of providing the required proprietary parts and technical services to repair the 30-Ton Boat & Repair Crane.

The existing installed crane is complex and engineered for submarine applications. All components/parts of the crane are proprietary to the

OEM. Therefore, PAR Marine Services LLC is the only contractor with the required knowledge, experience and technical data that can provide the required replacement parts and technical representative services for this crane.

Safety Management Systems Number 10.6-002-ALL lists 30-TON Crane. Failure of the 30-Ton Boat and Repair Crane will result in a C-3 CASREP and the loss of primary mission capability of nuclear ship repair capability and tending capability of submarines being tended alongside.

MSC did not purchase the proprietary technical data rights to this equipment when it was installed on the AS-39 Class vessels. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. The 30-TON Boat and Repair Crane installed aboard the AS-39 Class vessels require special tools, specialized repair parts, and technical expertise unique to this crane; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM Representative has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

All OEM repair parts are in compliance U.S. Navy requirements.

No additional market research was conducted because it is not practicable, for the reasons discussed above, for any other company other than PAR Marine Services LLC to provide the required services, repair parts, installation and operational testing

6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable:

The Government intends to synopsize when required and to post request for quotations (RFQ) and request for proposals (RFP) at the Government

Point of Entry, the FedBizOpps website, for the 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 the supplies/services is fair and reasonable pursuant to FAR Part 13.106-3 or

15.404-1, as appropriate