Redacted EPF JA FMSNA SSDG IDIQ N00L SIG 9.19 (002) - Copy.pdf

Control Number N104-FY20-T-EPF-FMSNA

CLASS JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN

COMPETITION

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

2. Nature of Action: Award of contracts on a sole source basis to Fincantieri Marine Systems – North America (FMSNA), the Origiial Equipment Manufacturer (OEM), for Isotta Fraschini Ships Service Diesel Generators (SSDG), model V1312C2ME-HPCR as sole source contracts for T-EPF Vessels. The authority to act under this class justification and approval (J&A) expires on September 30, 2020.

3. Description of Supplies/Services: MSC requires parts and services to support the OEM recommended maintenance and repairs to the SSDGs installed aboard T-EPF vessels. The actions executed under this class J&A have an estimated value of approximately $7,000,000.00 using FY 19 Operation and Maintenance funds.

4. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full-and-open competition is 10 U.S.C 2304(c)(1) as implemented by FAR 6.302-1 (a)(2), whereby parts and service are considered to be only available from only one responsible source.

5. Rational Supporting Use of Authority Cited Above: The Expeditionary Fast Transport (EPF) Class ship is built with four each Isotta Fraschini Model V1312C2ME-HPCR ships service diesel generators.

All control system, alternator, control system, electrical, fuel and exhaust interface, hardware and structural support for the system is built specifically for the Isotta Fraschini Model V1312C2ME-HPCR SSDG.

If any other SSDG parts were procured, it would result in a multi-year re-design of the structural elements of the EPF. The hardware and structural design would need to be completely re-configured at an unacceptable cost. It is mission-critical and personnel safety-critical to maintain class configuration and interchangeability across the ship class. Any deviation from the OEM parts and maintenance could result in personal injury, loss of life, or equipment failure and damage to the installed SSDG. Use of the Isotta Fraschini SSDG components and servicing will provide fit form and function of the SSDG. The use of Isotta Fraschini SSDG service and parts across the class and will ensure required reliability and effectiveness of the SSDGs as required by ABS, Safety of Life at Sea SOLAS and MSC COMCINST 4490.1B regulation. The manufacturer's business practice is to provide the SSDG parts and servicing directly to installing shipyards, ship owners and operators in the United States directly, without going through third-party vendors from its company headquarters and manufacturing facility in Bari, Italy through the distributor in Chesapeake, VA.

MSC does not have the 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. This is proprietary information and the Government did not acquire rights in this data. OEM representatives have access to provide parts and technical data drawings, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with United States Coast Guard and ABS IMO regulatory requirements.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as Practical: In accordance with Procedures, Guidance and Information 206.302-1, the Government issued a Sources Sought Notice on the Federal Business Opportunities (FedBizOpps) website seeking eligible businesses that could provide FMSNA SSDG parts and services on 16 May 2019. FMSNA is a large business under NAICS code 811310 and has no Active Exclusions on WWW.SAM.GOV as 4 September 2019. The Government intends to synopsize when required and to post Requests for Quotations (RFQs) and Requests for Proposals (RPFs) on FedBizopps for each separate procurement with the intent awarding a firm-fixed-priced contract.

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine that the price for supplies/services is fair and reasonable pursuant to Federal Acquisition Regulation FAR 13.106-3 or 15.404-1, as appropriate.

8. Actions to Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, OEM parts and services are required for the T-EPF class SSDGs. MSC has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, MSC will assess whether competition for future requirements is feasible. Should MSC determine that OEM parts and services are no longer required, this class J&A will become null and void.

http://www.sam.gov/

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:

_________________ Robert Palandro 757-462-2970 _________ Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

__________________ Donald Thornley 757-443-2338 __________ 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 belief.

___________________ Alvinia Jenkins _ 757-443-5881 __________ Signature Name (Printed) Phone No. Date

COMPETITION ADVOCATE APPROVAL

Upon the basis of the above justification, I hereby approve as Competition Advocate, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of Section 4202 of the Clinger-Cohen Act of 1996.

Name Date alvinia.jenkins Typewritten Text 9/5/19 alvinia.jenkins Typewritten Text