BRAND_NAME_JA_REDACTED.pdf

J&A No. N106-17-T-0056

JUSTIFICATIONANDAPPROVAL

FOR USEOF OTHER THAN FULL ANDOPEN COMPETITION

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

2. Description of the Action Being Approve: Award of a contract on a brand name basis for the procurement of two (2) A/C Plant compressor rotating assemblies and associated components in support of the USS EMORY S.

LAND (AS-39). This is a FAR subpart 13.5 procurement used in accordance with 41 U.S.C. § 1901 and the authority of 41 U.S.C. § 1903.

3. Description of Supplies/Services: Provides for replacement of the two (2) A/C Plant compressor rotating assemblies and associated components valued at $176,333.14. The existing rotating assembly and associated components are nearing the end of their service life and require replacement to provide reliable operations and reduction of failures that have been experienced in the last several years on two (2) A/C Plants. The A/C plants are vital equipment for providing cooling air in the ship’s radar/electronic equipment and quality of life on board USS

EMORY S. LAND (AS- 39).

Item Quantity

Rotating assembly 2

Labyrinth seal 2

Overhaul kit 2

Gasket kit 2

4. Statutory Authority Permitting Other Than Full and Open Competition: 41 U.S.C. § 1901, Simplified acquisition procedures as implemented by FAR 13.5.

5. Rationale Justifying Use of Cited Authority:

The Original Equipment Manufacturer (OEM) for the two (2) A/C plants on board USS EMORY S. LAND is York

JohnsonControls, York Marine Division. York Johnson Controls is the authorized supplier of approved repair parts and service for their equipment such as Quality Refrigeration Company Incorporated. The correct replacement of service parts is critical to the safe operation of A/C plants on board USS EMORY S. LAND (AS 39). Factory authorized suppliers provide parts and proprietary technical data/drawings only available from the OEM 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 another company.

Safety Management System (SMS) Procedure 10.6-002-ALL, Identification of Critical Equipment, identifies the

A/C Plants as Critical Equipment. Failure of two or more of the A/C Plants will result in a loss of cooling for the interior of the vessel and cooling water to critical equipment onboard. MSC did not purchase the proprietary technical data rights to the A/C Plants when they were 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 A/C Plants installed aboard the AS-39 Class vessels require special tools, specialized repair parts, and technical expertise unique to these two (2) AC Plants. Only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings from the OEM, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

6. Description of EffortsMade to Solicit Offers fromas 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 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 air conditioning plants on board USS EMORY S. LAND (AS- 39).

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the price of the supplies/services covered by this J&A fair and reasonable pursuant to FAR Part 13.106-3.

8. Action Planned to overcome any Barriers to Competition Prior to Subsequent Acquisitions: No action is planned to overcome barriers to competition in subsequent OEM procurements, other than synopsizing the requirements. The OEM parts are mission critical and use of other than OEM parts and an authorized OEM service representative threaten the safe operation of the AS-39 Class Vessels.