Attachment II - Other than Full and Open Competion Memo-Redacted.pdf

2 Ver 2.0 (01 July 2018)

a. RDD- 03/01/2025

3. It’s intended use.

a. The overhaul kit is required to inspect, clean, and polish the port and starboard Propellers and caps and operationally test the controllable pitch propeller systems. The Propulsion System is crucial to the ships ability to propel and maneuver at levels critical to maintaining service to the fleet and ensuring the ship has the ability to react to unexpected change in circumstance. (i.e. inclement weather, sudden change in mission requirements, etc.). The failure of the control panel reduces the capabilities of the Ship’s Propulsion System and can render the ship in incapable of independent maneuverability, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, which will result in a CASREP.

4. List the source(s) or known vendor(s) who are able to provide the above described item or service.

ROLLS-ROYCE MARINE NORTH AMERICA is the OEM and the only known vendor to be able to provide the required parts.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. _XX_ Only one responsible source (select all that apply):

1. X RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

ROLLS ROYCE is the OEM and has proprietary rights to data/drawings, updated repair procedures, specific trade information, distribution and corrective/preventative maintenance procedures associated with the T-AO 187 Class Controllable Pitch Propeller (CPP) system.

As such, they possess the sole rights to the dimensional, material, and manufacturing details pertaining to all 2 Ver 2.0 (01 July 2018) parts needed for the required equipment. In addition the use of other than OEM parts would reduce the reliability of the equipment and could result in significant equipment damage or loss of life.

b. If drawings are included, who is identified as “owning” the drawings.

N/A

2. _XX_ EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

3 Ver 2.0 (01 July 2018) o date, OEM Rolls-Royce does not share proprietary data or authorize outside vendors/manufactures rights to provide parts for the T-AO 187 Class CPP system, making Rolls-Royce Marine North America, Inc. the only known sources to provide the required supplies.

b. Identify the distributor / authorized technical representative for the item or service.

Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

N/A

3. _X OTHER REASON:

a. _X CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: 10.6-002-01-AO

There are currently five (5) active ship classes in the MSC fleet with Rolls-Royce propulsion systems, steering gear, engines, and associated parts. These systems are required for propulsion and steering and failure of which would result in the vessel not being able to perform its required national defense mission. SMS Number 10.6-002-ALL “Identification of Critical Equipment” has labeled these systems/items as L4 critical equipment; on a scale from L1 to L4 with L4 being the most critical. It is required “To ensure that vessel equipment is repaired/maintained in accordance with regulatory body requirements, MSC Policy, and OEM recommendations.” as stated in SMS number 10.4- 001-ALL “Preventive Maintenance (PM)” and SMS Number 10.7-001-ALL “Corrective Maintenance”. Rolls-Royce Marine North America, Inc. is the sole North American provider for all OEM Rolls-Royce parts and services that can provide proprietary technical data/drawings for these systems/parts as required by United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations and are the only authorized manufacturer and distributor of these OEM required supplies.

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model: