DEPARTMENT OF THE NAVY DIRECTOR MILITARY SEALIFT FLEET SUPPORT COMMAND 471 E. C STREET NORFOLK, VA 23511 CLASS JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (SOLE SOURCE) 1. Contracting Activity: Department of the Navy, Military Sealift Command (MSC), Norfolk, VA. 2. Description of Action Being Approved: This is a class justification for the use of other than full and open competition for a firm fixed price purchase order for Chloropac Systems for T-AKE's 3, 4, 7 & 8. 3. Description of Supplies/Services: MSC Norfolk requires replacement of the system installed during the T-AKE's construction that helps control marine growth in the ship's salt water piping onboard the T-AKE class vessels. The actions executed under this class J&A are expected to total ********. 4. Statutory Authority Permitting Other than Full and Open: The statutory authority permitting other than full and open competition for this procurement is the CLINGER-COHEN Act of 1996 P. Law 112-239 as implemented by FAR 13.5, Test Program for Certain Commercial Items. 5. Rationale Justifying Use of Cited Statutory Authority: The T-AKE CLASS Vessels #1 through 10 were delivered with a *********, which has proven sub-standard performance controlling marine growth in the salt water piping on the T-AKE's. The Shipbuilder, NASSCO, delivered T-AKE #11 through 14 with the same ********* requested by this requirement. It has been discovered during deployments of the T-AKE vessels with the US Filter MGCC System that there is a need for a better designed system to control the marine growth. There have been numerous failures of the ******* system from several T-AKE ships and headquarters is aware that the ****** offers "no value" to MSC. The Chief Engineer of T-AKE 1, has stated that the **** "**************************************************". Three possible options have been explored to correct the currently installed substandard system. The first possible replacement mentioned is to install a system called "*********". *********** ************** ***********. ****** ******** ******** **********. The second scenario involves installing a **** ******* ********. This will allow ********* to be *********************. The Chloropac system is the third and most logical choice. This upgrade to the seawater antifouling is covered under T-AKE CLASS TRANSALT #170 and is approved by MSC PM1 and Regulatory Bodies. This required upgrade has been ABS (American Bureau of Shipping) approved for installation on the T-AKE's via the transalt process. This T-ALT has been accomplished on T-AKE 2 and is the same as the system that the shipbuilder installed on T-AKE 11 through 14. Siemens Water Technologies Corp., the suggested brand name sole source, has a proprietary system that fulfills MSC's requirements including an overboard monitoring system. Siemens is the only company to provide equipment that will meet the form and function of the approved Trans-alt design. The unit designed by Siemens is complicated and detailed with numerous engineered features, including proprietary software, specified to meet regulatory requirements and unique component installation parameters. The approved design is based on use of this Siemens Chloropac system. Any deviation from component specification would require detailed engineering to start over again and be reworked. Authorized companies and distributors can bid on this requirement but must provide the exact system requested or there would be a costly requirement for reengineering and developing new drawings for ABS approval. This would reduce the window of opportunity to have the system installed during the ships upcoming availabilities and probably increase the cost of a Chloropac system for the Government. Furthermore, it appears that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. Basically, if a new vendor bids, they would have to design a new Anti-fouling system, and the process would start all over again. ABS has given approval of the Chloropac system designed by Siemens Water Technologies that is installed on the T-AKE 2 and T-AKE 11 through 14 vessels. The installation drawings also have been approved by ABS, there is no other approval required unless there are major changes or revisions that need to be made. 6. Description of Efforts made to Solicit Offers from as Many Offerors as Practicable: Through market research, there has been only one source identified that can manufacture these required parts. The Contracting Officer will maximize competition to the fullest extent possible by synopsizing the requirements via FedBizOpps. 7. Contracting Officer's Determination of Fair and Reasonable Price: The Contracting Officer will determine that the price is fair and reasonable pursuant to Federal Acquisition Regulations (FAR) Part 13.106-3. 8. Actions to Remove Barriers to Future Competition: No specific action is planned to overcome barriers to competition in subsequent procurements, other than synopsizing the requirements. If another potential source emerges, MSC Norfolk will assess whether competition for future requirements is feasible. 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 belief. _____________________ __________________ ___________ __________ 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
