N105-16-T-0398_AppletonCrane_SALVOR_FBO_Redacted.pdf

Revision Dated 6/4/2013

Sole Source Control # N105-16-T-0398

Date: 11 Feb 2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: PPE USNS Salvor

To: Contracting Officer, Military Sealift Command (SSU San Diego) Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS Salvor Procurement Request No(s): N214686036V004

(b) Federal Acquisition Regulation 13.106-1 The supplies or services required under this requisition are available from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy the Government's need. There is a reasonable basis to conclude that the Government's minimum needs can only be satisfied by unique supplies or services available only from one or a limited number of suppliers with unique capabilities. The following justification applies.

An acquisition that uses a brand name (Furuno, Motorola, Vidmar) or other description to specify a particular brand name, product or feature of a product peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited.

Beyond that, if you choose to limit the number of sources of a particular brand name/OEM, the procurement is “sole/limited source,” which is more difficult to justify. However, if the specification is brand name or equal, then the procurement is competitive.

Describe the item and/or services required:

The services of the OEM Appleton Marine, Inc. (Appleton) are required to conduct regularly-scheduled overhaul and install OEM part on USNS SALVOR's Crane “EB90-65-36”.

Known Source(s) for the item or services: List the source(s) (offeror(s)/vendor(s)) who are known to be able to provide the above described item and/or services.

Appleton Marine Inc., of Appleton, WI.

Check which of the following applies:

"ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative) "LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

"BRAND NAME LIMITED SOURCE" (example: multiple OEM authorized part distributors) "BRAND NAME SOLE SOURCE" (example: OEM replacement part)

1. This determination for single/limited source procurement for this requirement is based on one or more of the following.

Select all that apply:

A. RESTRICTIVE RIGHTS. The existence of proprietary rights, limited rights in data, patent rights, copyrights or secret processes make the required item or service available from only one source.

• Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes:

• As shown on the drawings, who is identified as "owning" the drawing:

• Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes:

B. EXCLUSIVE LICENSING AGREEMENTS. Due to exclusive licensing agreements and arrangements, the required repair/spare parts and/or technical representative services are only available from the Original Equipment Manufacturer (OEM) or ONLY ONE authorized distributor or technical representative.

• Identify the OEM (i.e., Motorola; Schat Harding)

• Attach evidence of the exclusive licensing agreement.

Revision Dated 6/4/2013

Sole Source Control # N105-16-T-0398

• Provide the SMS procedure number: 10.6 - 0002 All

• Describe how it applies to the critical piece of equipment:

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

SALVOR's forward crane is used for multiple purposes from loading stores to lifting power cables. The most critical use of the crane is for salvage operations which have unique and critical mission implications. Operability of SALVOR's forward crane is required to ensure the safety of her personnel their ability to support mission taskings.

D. STANDARDIZATION. In accordance with MSC's standardization initiative, only the specified make and model of equipment/ parts will satisfy the Government's needs for additional units or replacement items, and only one source is available. (i.e., ship currently has 10 Motorola radios onboard and five more need to be purchased to bring onboard allowances up to 15). Provide the following information:

• Identify Make and Model Number:

Appleton Marine Crane / EB90-65-36

• Identify other ships that have this same Make and Model Number:

USNS SAFEGUARD, USNS GRASP, and USNS GRAPPLE

E. FORM, FIT, AND FUNCTION. The required items are direct replacement parts/components for existing equipment and must be compatible in terms of form, fit and function with existing equipment/configurations. Provide the following information:

• Identify Make and Model Number of existing onboard equipment:

Appleton Marine Crane / EB90-65-36

• Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc):

Existing Crane requires OEM Tech Rep to install OEM replacement parts. This control valve must be the exact drop-in replacement to fit the existing piping configuration of the forward crane hydraulic system. Failure to use the exact OEM drop-in replacement could require a complete hydraulic system redesign at an unacceptable cost in man-hours and dollars. A redesign would have to be reviewed and approved by NAVSEA, ABS, and USCG which cannot be done within the time required to support this requirement.

F. UNIQUE FEATURES. Similar products lack features that are necessary to meet the Government's minimum needs (i.e., Furuno radar vs. Raytheon radar). Provide the following information:

• Identify the required features that are lacking from the competitor's product:

Appleton Crane Parts are specific to each individual Crane. There are no other acceptable parts that will suffice.

G. OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services):

MSC did not procure the technical data rights to the forward crane or its operational systems. The drawings are not available in MSC's virtual tech library. As such, MSC lacks the technical documentation to determine if non OEM after market replacement parts will meet the manufacturer's specifications, or be certifiable by NAVSEA, ABS, or the USCG.

2. Anticipated dollar value of the procurement: $13,736.00