T-1346_SOLE_SOURCE_J A.pdf

Revision Dated 6/4/2013

Sole Source Control # N104-15-T-1346

Date: 24 Feb 2015

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: JOSEPH ASTBURY, PRINCIPLE 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 PECOS Procurement Request No(s): N215825054V026

(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:

LIFEBOATS RELEASE HOOK, HARDING SAFETY SEACURE

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.

Harding Safety USA 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:

All vendor Information is identified as proprietary and copyrighted: HARDING SAFETY, INC http://www.schat-harding.com/services/seacure-hooks-imo-compliant

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

HARDING SAFETY

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

Existing Lifeboats and Davits are MFR'd by HARDING SAFETY, HARDING SAFETY as the OEM does not have any authorized distributors and will only sell directly to MSC.

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 # N104-15-T-1346

• Provide the SMS procedure number: SMS Procedure l 0.6-002-AO- Identification of T-AO Critical Equipment Lists.

• 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.

SMS T-AO Critical Equipment list, shows the LIFEBOATS as identified as having "Critical Risk Factor: L3" "Life-Saving Device"

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:

SCHAT HARDING 9.4 METER TOTALLY ENCLOSE LIFEBOAT

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

USNS Tippecanoe, Joshua Humphreys, Henry J. Kaiser and John Lenthall.

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:

Schat Harding 9.4 M lifeboat

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

Must be acceptable to coast guard and ABS for installation in theis Model Boat

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

The Harding Seacure on load releasing gear hooks are the OEM directdirect replacement release hook for the 9.4 meter lifeboat. The boats and davits were manufactured by Harding. Harding has designed and tested these replacement hooks to SOLAS and USCG standards and have the approval documentation. These hooks are available from only Harding. Use of another brand of lifeboat hook would incur higher life-cycle costs as additional tech reps would be required at each annual certification, due to SOLAS requirements to have certified inspections of the lifeboat release systems and davits.

2. Anticipated dollar value of the procurement: