RE_SSJ_T-AKE_CLASS_BUY_CRANE_MODS.doc

Revision dated 6/4/2013

Sole Source Control #

N102-16-T-7234 file_0.wmf

Revision dated 6/4/2013

NlOX-13-X-XXXX Date: 12/08/15

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS

From: To:

John Harold, T-AKE Supervisory Project Engineer Contracting Officer, Military Sealift Command

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

Ref: (a) T-AKE Class Procurement Request No(s) N23 1 915343CB01 ; N23 1 925343CB02; N23 1 935343CB03; N23 1 945343CB04; N23 1 955343CB05; N23 1 965343CB06 ; N23 1 975343CB07; N23 1 985343CB08;

N231 995343CB09; N236025343CB10; N237265343CBll; N290015343CB12; N290025343CB1 3; AND N290035343CB14.

(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 authorized manufacturer's technical representatives to accomplish design work to detail modifications required to allow T-AKE cranes to handle live loads (personnel).

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.

Appleton Marine, Inc.

Check which of the following applies:

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

"LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

"BRAND NAME SOLE SOURCE" (example: OEM replacement part)

_ "BRAND NAME LIMITED SOURCE" (example: multiple OEM authorized part distributors)

This determination for single/limited source procurement for this requirement is based on one or more of the following. Select all that apply:

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.

NlOX-13-X-XXXX Sole Source Control # N102-16-T-7234 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.

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.

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:

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:

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:

file_1.wmf

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 Only the OEM has access to the design data that is needed to determine required modifications. Only the OEM will be able to gain required ABS approval.

Anticipated dollar value of the procurement:

Digitally signed by DAVENPORT.JEFFREY.N.1028912281