N10 Sole Source Justification Brecker Marine Systems _BRM Redacted.pdf

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Attached to
USNS LUCY STONE Rudder & Stern Frame Federal contract opportunity
Solicitation number
N3220526Q7063
Issued by
Department of the Navy Military Sealift Command

About this file

This is a Memorandum documenting the use of other than full and open competition for a simplified acquisition threshold purchase by the Military Sealift Command (MSC). The acquisition concerns material procurement for the USNS Lucy Stone during Fiscal Year 2027, specifically for a Rudder and Stern Frame Examination project (Work Item 0954), with a performance period from March 1, 2027 through June 1, 2027.

The sole source selected is Brecker Marine Systems, located at 133N. Friendswood Drive, Suite 332, Friendwood, Texas 77546 (281-332-4556). The justification for single-source procurement is based on restrictive proprietary rights held by the Original Equipment Manufacturer. Specifically, AdvanTec owns all rights to the dimensional, material, and manufacturing details for all required parts, making procurement from alternative sources impossible. Additionally, regulatory bodies including the United States Coast Guard and the American Bureau of Shipping (ABS) recognize only authorized OEM representatives for servicing and repairs of this shipboard equipment. MSC is directed by COMSCINST 4490.1 to use only OEM parts for this equipment aboard fleet vessels. The memorandum further cites standardization requirements, noting that identical equipment (Model BMS 10800-1) is installed on the USNS Earl Warren (T-AO 207) and USNS Robert F. Kennedy (T-AO 208), supporting the brand-name standardization justification for this acquisition.

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Solicitation - N3220526Q7063.pdf PDF
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1 Ver 2.0 (01 July 2018)

Date: December 10, 2025

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): _ ____________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

Brecker Marine Systems.

b) the required delivery date/period of performance and

Period of Performance: 1 March 2027 1 June 2027.

c) its intended use.

Material purchase for USNS Lucy Stone FY27 PSA WI 0954 -Rudder & Stern Frame Exam

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

Brecker Marine Systems.

133N. Friendswood Dr. #332, Friendwood, TX 77546

281-332-4556

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

ON THE FOLLOWING (select all that apply):

A. X 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.

2 Ver 2.0 (01 July 2018)

Brecker Marine Systems is the Original Equipment Manufacturer. AdvanTec owns all the rights to dimensional, material and manufacturing details to all parts needed for this equipment. Obtaining these parts from another source is not possible..

b.

Regulatory bodies such as United States Coast Guard and ABS only recognize servicing and repairs of this shipboard equipment by an authorized OEM representative (Brecker Marine Systems). In addition, MSC is directed to only use OEM parts on this equipment aboard MSC Fleet Vessels per COMSCINST 4490.1. In addition, Brecker Marine retains the rights to all design drawings, tolerances, and original parts for the steering gear on board TAO 205 class ships. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the filters is not known to MSC.

2. __ __ 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.

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.)

3. X OTHER REASON:

a. _____ 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: ___________________________

b. X STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s): BMS 10800-1

ii. Identify other vessels with this Make / Model:

USNS Earl Warren (T-AO 207) & USNS Robert F. Kennedy (T-AO 208),

c. _____FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

4 Ver 2.0 (01 July 2018)

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