Sole_source_ECS_Inc_12-2-2016_Redacted.pdf

Revision Dated 6/4/2013

Sole Source Control # N102-17-T-1002

Date: 02 Dec 2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Steven Miller, Mechanical Engineer N7

To: Contracting Officer, Military Sealift Command Norfolk Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS SUPPLY Procurement Request No(s): N218396306V064

(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:

This contract provides for specialized T-AOE specific engineering services to assist MSC's Engineering team. The Contractor shall provide the Engineering Team with extensive expert advice on the T-AOE Class electric plant and machinery controls systems. There are four T-AOE Class Fast Combat Support Ships built for the U.S. Navy by National Steel and Shipbuilding Corporation and put into service between 1994 and 1998: USNS SUPPLY, USNS RAINIER, USNS ARCTIC, and USNS BRIDGE. Military Sealift Command (MSC) replaced the Machinery Control System (MCS) on one of the four T-AOE Class ships, USNS SUPPLY, during a major shipyard availability that was completed in FY 15.

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.

Electronic Consulting Services, Inc. (ECS) 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:

• 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:

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.

Revision Dated 6/4/2013

Sole Source Control # N102-17-T-1002

• Provide the SMS procedure number:

• 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.

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 current requirement was originally part of contract N00033-13-D-8021, and N32205-16-P-2002. An additional four (4) months of services are required since contract N00033-10-C-7501 with L3 for the installation of MCS still has not been completed and the instant requirement will provide needed support. ECS, through its performance under the previous contract, has extensive knowledge and experience in the design, construction, and testing history of the new TAOE MCS system that would require extensive learning on the part of any other contractor to understand its intricacies. Each task issued under this previous contract has been a sequential support of the design, build, and now the installation portion of the new MCS system. Each phase of the design, build and install were options for the MCS Contractor, and for that reason the tasks were written to support the MCS system at each point in its progress.

2. Anticipated dollar value of the procurement: