14-t-3559_J A.doc

Sole Source Control # N104-14-T-3559

Date: 15 May 2014

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From:

PMICM2 Port Engineer To:

Contracting Officer, Military Sealift Command, Norfolk Subj:

USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE)

Ref:

(a) USNS WALLY SCHIRRA Procurement Request No(s) N23198-4136-4842__

(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:

Troubleshooting, repairs and alignment of the systems listed below and in the corresponding work item. NAVTECH MARINE and Sperry Marine are both authorized OEM REPS qualified on all systems listed to perform the required work. The ships bridge Electronic Navigation systems listed are all crucial to operations and required to get underway in accordance with IMO, SOLAS, ABS & USCG REGS. RADARS, ECDIS, GPS, GMDSS, DOPPLER, and GYROS.

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

Northrop Grumman Sperry Marine

1865 Industrial Blvd.

Harvey, LA 70058 USA 70058

PH: 504 328 9171 ext. 114286

NAVTECH Marine

293 Kalihi Street

Honolulu, HI 96819

PH. (808) 848-7600

Check which of the following applies:

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

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

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.__XX___ 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: Northrop Grumman Systems Corp (NGSC) is the OEM for T-AKE Class Navigation Integrated Bridge System (IBS) and Navtech Marine is an authorized representative with the ability to perform work on the Navigation Integrated Bridge System for T-AKE Class Ships. Technical expertise is required to review and test components of the ship’s Navigation Integrated Bridge System (IBS), which includes the Gyro Compass. OEM holds proprietary software for repairs and adjustments of T-AKE IBS, VDR Gyro, and GMDSS systems, and proprietary technical data required to meet the Statement of Work. T-AKE Class IBS is a unique commercial system that was developed by shipbuilder NASSCO and contracted to Northrop Grumman Systems Corp for design and maintenance support. Only OEM or an authorized representative can provide services as requested under Statement of Work to maintain system integrity. Similar companies do not have the required software to review, test, and repair the IBS and Gyro. Northrop Grumman Systems owns the proprietary software to make any changes or fine tuning adjustments to the IBS and Navtech is authorized to perform required services.

· As shown on the drawings, who is identified as "owning" the drawing: Northrop Grumman Systems

· Explain why the restrictive rights make the required item or service available from only one source, i.e., why another company still couldn’t satisfy the Government’s need: Only Northrop Grumman Systems owns the technical data and software required to maintain and adjust settings of the Integrated Bridge System and Gyro Compass. In order to meet USCG and ABS certifications T-AKE Integrated Bridge System must be fully operational and the crew trained in the safe operations of the IBS. OEM technicians are trained in the repair and maintenance of these systems and have the special tools, software and manuals required providing these services.

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.

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.

· Provide the SMS procedure number ____________________

· Describe how it applies to the critical piece of equipment____________________________ 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 ________________________

· Identify other ships that have this same Make and Model Number: ______________________ 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.

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

G. __XX____ OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service providers and replacement parts offered are equivalent to the OEM components and replacement parts. The T-AKE IBS and Gyro Compass require special proprietary software and technical expertise unique to these electronic components. The OEM and authorized representatives have access to parts, software, and technical data / drawings as required by USCG and ABS certification for maintenance.

2. Anticipated dollar value of the procurement: $26,250.00_ Revision dated 6/4/2013