SSJ-_T-AKE_FLUID_OIL_COOLER_redacted.pdf

Sole Source Control # N104-15-T-3874

Revision dated 6/4/2013

Date: 06/29/2015

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) T-AKE Class Order, Procurement Request No(s)

N231935203CB01;N231945203CB02;N231955203CB03;N231965203CB04;N231975203CB05;

N231985203CB06;N231995203CB07;N236025203CB08;N237265203CB09;N290015203CB10;

N290025203CB11;N290035203CB12.

(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:

Procurement of Fluid Oil Coolers and Pump Unit for the T-AKE Class.

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.

CS CONTROLS

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: Oil Tech A/S is the OEM for the Hydraulic Oil Unit Cooler parts supplied under APL X231912AQSM. C. S Controls is the authorized OEM distributor. The

OEM will only sell repair parts to an OEM authorized rep.

As shown on the drawings, who is identified as "owning" the drawing: OILTECH A/S

Sole Source Control # N104-15-T-3874

Revision dated 6/4/2013

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: OILTECH A/S, US is the OEM and will only sell to Authorized Distributors for their product. Due to warranties of this critical system, all parts should be procured through an authorized OEM vendor. Any deviations from OEM diagnosis, repairs, or tests could result in personal injury, fire or equipment failure and damage. The operation of this equipment must meet regulatory requirements by ABS and the US Coast Guard for crew safety and to reduce the chances of equipment failure which could result in fuel/ lube/oil spillage or fire.

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.__XX_ 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 10.6-002-ALL list the Main Steering

Gear as critical equipment. Failure of the Steering System will cause loss of maneuverability of the ship, putting the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, which will result in a CASREP. The loss of maneuverability can also pose a hazard to the crew. The hydraulic oil cooler unit is vital to the proper operation of the Main Steering System .

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 OILTECH A/S. and Model Number LOC-016-4-D-D-L-00-000-0-0-0

Identify other ships that have this same Make and Model Number: T-AKE 1-14

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. __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. The authorized OEM has access to provide parts, technical data / software programming

/drawings / service as required by USCG and ABS certification for maintenance and repair.

2. Anticipated dollar value of the procurement: $