REDACT_BRAND_NAME_FBO_7250_POST.pdf

Sole Source Control #

Revision dated 6/4/2013

Date: 12JAN17

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: PM4CM3 Port Engineer To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS COMFORT Procurement Request No(s) N21637-7012-V005

(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:

PROCURE EMERGENCY DIESEL ENGINE (EDG) REPAIR PARTS

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.

MAN of North America (MNA) Motor Services Hugo Stamp (MSHS)

Check which of the following applies:

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

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

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

X "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 engine OEM is MAN Diesel, Germany for the EDG.

MNA and MSHS are OEM authorized suppliers of approved repair parts. Proper refurbishment and maintenance of the engines are critical to the safe operation. MNA and MSHS provide parts and technical data / drawings from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures engine reliability, and crew safety.

As shown on the drawings, who is identified as "owning" the drawing: MAN Diesel 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: The OEM will only sell repair parts to an OEM authorized rep.

Sole Source Control # N10 -1 - -

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 Describe how it applies to the critical piece of equipment 10.6-002-ALL lists EDG ’s as critical equipment. Failure of the EDG will result in loss of vital power to hospital spaces causing the ship to perform the primary mission of providing lifesaving medical services to wounded service members , which will result in a CASREP.

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. 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 components and replacement parts offered are equivalent to the OEM components and replacement parts. T-AH engines require special tools, specialized repair parts, and technical expertise unique to these engines; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM rep has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

2. Anticipated dollar value of the procurement: $ 75,000.00

Sole Source Control # I hereby certify that the above information is accurate and complete to the best of my knowledge and belief.

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Ship: requester signature required or Shore: PPE signature required

Edward Shanley 757-705-7558 edward.shanley@navy.mil 12JAN17 Signature Name (Printed) Phone Email Date

Ship: Suppo signature required or Shore: SPE/ASPE signature required

David Barton 757-443-0869 david.barton1@navy.mil 12JAN17 Signature Name (Printed) Phone Email Date

Contract Specialist:

Signature Name (Printed) Date

Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Date

Legal Sufficiency Review: I have determined this justification is legally sufficient.

Signature Name (Printed) Date

SHANLEY.EDWA

RD.MICHAEL.JR.1

016193220

Digitally signed by

SHANLEY.EDWARD.MICHAEL.JR.1016193220

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=SHANLEY.EDWARD.MICHAEL.JR.10161932 Date: 2017.01.24 10:46:38 -05'00'

BARTON.DAVID

.L.1229501824

Digitally signed by

BARTON.DAVID.L.1229501824

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=BARTON.DAVID.L.1229501824 Date: 2017.01.24 11:13:19 -05'00'

Digitally signed by BUONFIGLI.TERRI.L.1288681704 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=BUONFIGLI.TERRI.L.1288681704 Date: 2017.02.14 10:22:45 -05'00'

Digitally signed by

BUONFIGLI.TERRI.L.1288681704

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=BUONFIGLI.TERRI.L.1288681704 Date: 2017.02.14 10:23:05 -05'00'