17-Q-1006_Global_Maritek_Geocable_License_Sole_Source_FINAL_Redacted_for_Posting.pdf

Revision Dated 6/4/2013

Sole Source Control # N102-17-Q-1006

Date: 11 Apr 2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Tom Granger, PROJECT CAESAR

To: Contracting Officer, Military Sealift Command (Location)N10 NORFOLK Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) PROJECT CAESAR Procurement Request No(s): N322097102NA23

(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:

1-Year GeoCable Software license renewal that includes

1. Geomedia, GeoCable and GeoCable Route Planner

2. ARCS World Wide Charts and ARCS-4-Viewer

3. Cable Route GIS for NW Europe. Atlantic, Caribbean, Mediterranean, Indian Ocean, East Asia, and the Pacific

4. Cable Faults Database RDD is 14 July 2017

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.

Known source for Item or services:

Global Maritek Systems, Inc.

6080 US 1 North St. Augustine, FL 32095 Tel: (904) 429-7463

Check which of the following applies:

"ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative) "LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

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

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:

Global Maritek Systems, Inc. is the sole distributor for these licensed products.

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

• Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes:

Global Maritek Systems, inc. owns the and metadata and technical data rights to the GeoCable software.

Revision Dated 6/4/2013

Sole Source Control # N102-17-Q-1006 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)

Global Maritek Stsyems, Inc. is the sole distributor for these licensed products.

• Attach evidence of the exclusive licensing agreement.

• Provide the SMS procedure number: 10.6-002-ALL Identification of Critical Equipment

• Describe how it applies to the critical piece of equipment:

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.

It is essential that the GeoCable software remain current because of the dynamic changes in ocean floor. Failure to maintain a current software package could result in the ship being out of position and cables improperly laid on the ocean floor. This would be directly related to the navigation equipment listed in the T-ARC Critical Element List for GMDSS and the Dynamic Positioning System.

D. 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 and Model Number:

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

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. OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services):

The Government did not procure the technical data rights to the GeoCable software. As such, the Government lacks the intrinsic knowledge to determine if any other software package would be compatible with onboard equipment or other software packages currently in use on USNS ZEUS.

2. Anticipated dollar value of the procurement: