N2900261654303_J_ _A.docx

Sole Source Control # N104-16-T-4862 Date: 06/13/2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

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

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:

STERN TUBE OVERHAUL KIT & CONNECTING RING

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.

Wartsila Defense; CAGE CODE: 0EYA6

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._____ 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 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: _______________

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.__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 WARTSILA DEFENSE and Model Number WLP001326-001 & W084837235

· 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 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 WARTSILA DEFENSE and Model Number W084837235 of existing onboard equipment.

· Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): The new Stern Tube Connecting Ring must maintain size, shape and critical circumferential tolerance’s after machining and submersion in salt water. The connecting ring specified chemical make-up is specifically designed to maintain a consistent lubricity throughout a varying range of salt water temperatures.

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): WARTSILA DEFENSE is the OEM for T-AKE class Stern Tube Assembly systems. These parts are unique to T-AKE Class Stern Tube systems. Wartsila Defense holds business sensitive drawings and licensed agreements for T-AKE systems. It is in the best interest of the government to utilize OEM, Wartsila Defense, for these parts. T-AKE Class are undergoing critical stern tube bearing change-outs that require ship’s dry-docking and specialized connecting ring manufactured to fit and form. Only OEM, Wartsila Defense maintains the required expertise to provide. T-AKE Class require Stern Tube Assembly overhaul kit and Connecting Ring to be on-site at scheduled shipyard so work can commence on time and in a safe manner. Only OEM, Wartsila Defense, can provide this unique overhaul kit and connecting ring manufactured to fit and form as they relate to T-AKE Stern Tube. It is in the best interest of the government to procure these parts from OEM, Wartsila Defense.

2. Anticipated dollar value of the procurement:

I hereby certify that the above information is accurate and complete to the best of my knowledge and belief.

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Ship: requester signature required or Shore: PPE signature required

Signature Name (Printed) Phone Email Date

Ship: Suppo signature required or Shore: SPE/ASPE signature required

Signature Name (Printed) Phone Email Date

Contract Specialist:

Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Legal Sufficiency Review: I have determined this justification is legally sufficient.

Revision dated 6/4/2013