T-2240_SOLE_SOURCE_POSTING.pdf

Revision Dated 6/4/2013

Sole Source Control # N104-15-T-2240

Date: 03 Mar 2015

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: John Bolan; USNS Arctic 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 ARCTIC (T-AOE-8) Procurement Request No(s): N21907-5069-V003

(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:

Provide Machinery Centralized Control System Technical Assistance for troubleshooting, fault finding, repair and support to T-AOE class vessels to ensure the installed machinery control system is operational.

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.

W&T, LLC (6R8B9)

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 # N104-15-T-2240

• Provide the SMS procedure number: Per SMS procedure 10.6-002-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.

SMS PROCEDURE FOR THE MCCS ARE LISTED AS L-4 CRITICAL 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. OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services):

W&T, LLC has personnel with experience on T-AOE-6 MCS systems since the T-AOE ships were first built and has exclusive knowledge and repair history, that can only be attained through decades of experience.

W&T, LLC owner, Warren Hammerbeck, was employed by NAVSEA PMS 325 representative during AOE-6 class ship construction.

W&T, LLC is the only contractor that can satisfy the current requirements. The tasking involves specific knowledge of the T- AOE-6 Machinery Control System, to include both it's capabilities and limitations. Furthermore, Mr. Hammerbeck is distinguished from other subject matter experts, as a result of his involvement with T-AOE class vessels over the past twenty years. In addition, his knowledge extends to the ships propulsion drive, electrical distribution system and auxiliary control.

I have knowledge of no other source that can individually, or collectively, possess the platform knowledge of the T-AOE MCS. I am sure Mr. Hammereck can quickly find and correct problems that have eluded the shipboard and government agency technicians.

Mr. Hammerbeck has been with three companies, providing the same MCS support to MSC since 2005. In 2012, Mr Hammerbeck started W&T, LLC and is currently contracted to MSC, via a sole sourced vehicle, to provide expertise to the new machinery control system on USNS Supply.

Mr. Hammerbeck, while working with PMS 325, worked hand in hand with GE Daytona Beach. GE, Daytona Beach is the OEM for the MCS on USNS Arctic and Rainier. Simply put, Mr. Hammerbeck has provided cradle to grave support for the AOE-6 ship class.

There is no individual or company that has continuously supported the T-AOE-6 class MCS, in the government or the private sector, like Mr Hammerbeck and W&T, LLC.

2. Anticipated dollar value of the procurement: