N102-17-T-7074-FEDBIZOPPS.pdf

Sole Source Control # N102-17-T-7074

Revision dated 6/4/2013

Date: 9/15/16

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: PPE Mark Englar, USNS Big Horn (T-AO 198) To: Contracting Officer, Military Sealift Command, Norfolk

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

Ref: (a) USNS BIG HORN Procurement Request No(s) N21621-6279-4302

(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 the parts/services of the Original Equipment Manufacturer (OEM) to inspect/overhaul four (4) new Turbo Charger Units.

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.

ABB INC.

Check which of the following applies:

____XX_"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)

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.__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.

Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes: ABB Inc is the original equipment manufacturer and owns the proprietary rights for the Turbocharger Units.

As shown on the drawings, who is identified as "owning" the drawing: ABB Inc.

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: ABB Inc. is the sole source provider for the overhaul services for the Turbocharger Units. ABB Inc. does not have any other technical representatives who can provide the required services.

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.

Sole Source Control # N102-17-T-7074

Revision dated 6/4/2013

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.__ __ 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. __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. ABB Inc is the original OEM of the Main Engine Turbo Charger Units and has all the design data and parts to perform the necessary repairs required and there are no authorized distributors for these parts or service. Consequently, only ABB Inc certified technicians can provide the essential support to the Government’s requirement. The procurement of other than OEM components could result in catastrophic damage to these critical propulsion units and delay the ship from its mission. ABB Inc has exclusive rights to all parts and service for the Turbo Charge Units

2. Anticipated dollar value of the procurement: $_37,480.00_____