Redacted Vulkan Class JA.pdf

5. Rationale Justifying Use of Cited Statutory Authority: American Vulkan is the OEM for American Vulkan Main Diesel Engine Flexible Coupling installed on MSC vessels. This action covers maintenance and procurement of American Vulkan Main Diesel Engine Flexible Coupling parts and services for MSC Vessels on a worldwide basis. Maintenance may include, but is not limited to, appraisals, groom, inspections, life cycle management, overhauls, refurbishment, repairs, reports, tests, and upgrades. Regulatory bodies such as the United States Coast Guard and American Bureau of Shipping only recognize servicing and repairs of this shipboard equipment by an authorized OEM representative (American Vulkan). In addition, MSC is directed to use only OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1. In addition, American Vulkan retains the rights to all design drawings, tolerances, and original parts for the American Vulkan Main Diesel Engine Flexible Coupling.

Accordingly, the manufacturing knowledge, special tools, and equipment required to manufacture the parts used for the OEM Coupling is not known to MSC. MSC does not have the manufacturing and technical information required to reverse-engineer or manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the Coupling installed on MSC vessels. Any work performed by any company other than the OEM would void warranties on this equipment. Safety Management Systems (SMS) number 10.6-002-ALL lists the American Vulkan Main Diesel Engine Flexible Coupling as critical equipment. Failure of the Coupling would restrict the ship from performing its required mission of underway replenishment. Proper refurbishment and maintenance of the installed Coupling is critical to the safe operation of MSC vessels.

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

7. Determination of Fair and Reasonable Cost: The Contracting Officer will determine the contract prices to be fair and reasonable using price analysis techniques described in FAR 13.106-3 or 15.404-1, as appropriate, on a per solicitation/contract basis.

8. Actions To Remove Barriers to Future Competition: For the reasons set forth in Paragraph 5, MSC has no plans at this time to compete future contracts for the types of supplies/services covered by this document, and there are no actions planned to remove or overcome the brand name requirement. If another potential source emerges, MSC will assess whether competition for future requirements is feasible.

9. Description of Market Research Conducted: A sources sought (SS) notice was posted on the SAM.GOV website on 03 November 2021 and closed 18 November 2021. The SS respondents were required to demonstrate the ability to provide the required items or alternative solutions that are compatible with the existing American Vulkan Main Diesel Engine Flexible Coupling. One

(1) response was received from American Vulkan. To date, there has been no indication of changes in the market for providing parts and services for the Coupling. Additionally, a review of contracts for American Vulkan for the past seven years only shows contract awards only to

American Vulkan. American Vulkan has no licensing agreements and does not utilize a parts or services distributor network for the sales of its parts or services.

10. List of Sources that Expressed Interest in Writing: To date, no qualified sources, other than American Vulkan, have expressed an interest in writing. However, when applicable, requirements will be advertised through 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/Requirements Cognizance: