SOLE_SOURCE_7222.pdf

Sole Source Control # N32205-16-T-7222

Revision dated 6/4/2013

Date: 21 Dec 2015

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Daniel Sepke, EPF LTD To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS MILLINOCKET (T-EPF-3) Procurement Request No(s) N29786-5355-AP06

(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:

Stern Ramp Winch Assembly P/N: F120343

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.

Oldenburg Group Inc

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.__XX_ 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: The OEM for the EPF Stern Ramp Winch Assembly is Oldenburg Group Inc and is the only known OEM with the required Stern Ramp Winch Assembly knowledge, experience, and proprietary information authorized to supply spare parts for the equipment installed on JHSV Class. Oldenburg Group Inc holds all proprietary rights to the drawings and patterns essential for repair of the Stern Ramp Winch Assembly. This maintains all OEM warranties, ensures the Stern Ramp Winch Assembly reliability, and crew safety.

• As shown on the drawings, who is identified as "owning" the drawing: Oldenburg Group Inc Drawing F120343.

• 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: Due to warranties of this system, all parts and services shall be procured through an OEM authorized distributor or rep. Any deviations from OEM parts, diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM parts are required to meet regulatory requirements by ABS and the US Coast Guard for crew safety, and to reduce the chances of equipment failure.

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____EPF Stern Ramp is considered vessel Critical Equipment vital to Mission Operations.

• Describe how it applies to the critical piece of equipment: Subject winch assembly is a part of the Stern Ramp. This winch assembly operates within the system and vessel design. The pressures, flow rates, electrical interfaces, piping interfaces and physical interfaces are required to be identical to the OEM equipment in order to ensure proper operation of the stern ramp. The proper operation of the stern ramp is essential to prevent hydraulic fluid leaks into the water while performing missions underway.

D._XX_ 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: Oldenburg Group Inc and Model Number: F120343

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

E. _XX_ 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 Oldenburg Group Inc and Model Number F120343 of existing onboard equipment.

• Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): The Stern Ramp Winch Assembly requires a right-fit to various interactions with other ship systems. In order to maintain current configuration as set under APL X297848VSMB it is mandatory that only OEM parts be utilized.

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. __XX__ 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 EPF Winch Assembly requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

2. Anticipated dollar value of the procurement: