FASSMER_J A.doc

Sole Source Control # N104-15-T-3626

Date: 20 OCT 2014

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From:

PM1CM2 Port Engineer To:

Contracting Officer, Military Sealift Command Subj:

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

Ref:

(a) USNS ALAN SHEPARD, USNS RICHARD BYRD, USNS ROBERT PEARY, USNS AMELIA EARHART, USNS CARL BRASHEAR, USNS WALLY SCHIRRA, USNS MATTHEW PERRY, USNS CHARLES DREW, USNS WASHINGTON CHAMBERS, USNS WILLIAM MCLEAN, USNS MEDGAR EVERS, and USNS CESAR CHAVEZ

Procurement Request No(s) N23193-4293-P327, N23194-4293-P427, N23195-4293-P527, N23196-4293-P627, N23197-4293-P727, N23198-4293-P826, N23199-4293-P923, N23602-4293-P026, N23726-4293-P125, N29001-4293-P227, N29002-4293-P326, N29003-4293-P426

(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:

FASSMER SERVICE AMERICA, LLC will provide accommodation ladder parts for the entire T-AKE Class ships.

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.

FASSMER SERVICE AMERICA LLC, CAGE CODE: 569K0

Check which of the following applies:

___ "ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative)

"LIMITED SOURCE" (example: multiple OEM authorized technical representatives) X____ "BRAND NAME SOLE SOURCE" (example: OEM replacement part)

_____ "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._X_ 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: Fassmer owns the proprietary rights to drawing #s 12.1544-203.01.00.0 and 12.1566-203.00.00.0

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

· 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: The OEM will only sell repair parts directly.

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.__X___ 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 10.6-002-ALL

· Describe how it applies to the critical piece of equipment: The Accommodation Ladders and repair parts are fabricated and maintained/ tested by OEM FASSMER. It is a SOLAS requirement to have ladders certified by OEM each year and spare parts must be approved by OEM to meet the regulations set forth by ABS, Coast Guard, and MSC and to meet the requirements of IMO MSC.1/Circ 1331 dtd 11 June 2009 Guidelines for construction, installation, maintenance and Inspection/survey for a means of embarkation and disembarkation.

D.__X___ 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 FASSMER and Model Number 12.1544-203.01.00.0 (APL: X231912ARCP) and 12.1566-203.00.00.0 (APL: X231988VVAA)

· Identify other ships that have this same Make and Model Number: USNS LEWIS AND CLARK, USNS SACAGAWEA, USNS ALAN SHEPARD, USNS RICHARD BYRD, USNS ROBERT PEARY, USNS AMELIA EARHART, USNS CARL BRASHEAR, USNS WALLY SCHIRRA, USNS MATTHEW PERRY, USNS CHARLES DREW, USNS WASHINGTON CHAMBERS, USNS WILLIAM MCLEAN, USNS MEDGAR EVERS, USNS CESAR CHAVEZ E. __X___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 FASSMER and Model Number: 12.1544-203.01.00.0 (APL: X231912ARCP) and 12.1566-203.00.00.0 (APL: X231988VVAA) of existing onboard equipment.

· Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): New must fit form and function of existing ACCOM LADDERS installed onboard T-AKE Class.

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. ___X__ 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 and replacement parts offered are equivalent to the OEM components and replacement parts.

Revision dated 6/4/2013