REDACTED_LIFERAFT_7257_POST.pdf

Sole Source Control N10 -1 -T-

Revision dated 6/4/2013

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: , PPE, USNS COMFORT, Military Sealift Command, Norfolk 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) N21637-7005-V004

(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:

ELLIOT 25 MAN DAVIT LAUNCHED LIFE RAFTS

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.

Vane Brothers Marine Safety and Services, INC

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.___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: Proprietary rights for the drawings and manufacture of the Davit Launched Life Raft.

As shown on the drawings, who is identified as "owning" the drawing: Elliot 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: Elliot will only sell to authorized dealers.

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 N10 -1 -T-

Identify the OEM (i.e., Motorola; Schat Harding)

Attach evidence of the exclusive licensing agreement.

C.__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.

Provide the SMS procedure number: SMS Number 10.6-002 ALL list Life-rafts, Life-boats and Rescue-boats as critical equipment.

Describe how it applies to the critical piece of equipment:

ALL list Life-rafts, Life-boats and Rescue-boats as critical equipment.

D.__X__ 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: 25 person ELLIOT MKIV USCG/SOLAS A

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

E. __X___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 Elliot and Model Number MKIV of existing onboard equipment.

Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): Replacement life rafts must fit into existing cradles and be compatible with davit launching system.

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 IF SUBSTITUE PARTS ARE EQUIVALENT TO THE

OEM SPECIFIED COMPONENTS. THE COMPANY LISTED ABOVE IS THE AUTHORIZED OEM

DEALER AND AS SUCH HAS ACCESS TO OEM SPECIFIED EQUIPMENT.

2. Anticipated dollar value of the procurement: $110,000.00______

Sole Source Control N10 -1 - T- 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

_______________ Steve Destree 462-2495 steven.destree@navy.mil 05 JAN 2017 Signature Name (Printed) Phone Email Date

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

_______________ 462- . navy.mil 05 JAN 2017 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

DESTREE.STEVE

N.CLIFFORD.11

00618865

Digitally signed by

DESTREE.STEVEN.CLIFFORD.1100618865

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=DESTREE.STEVEN.CLIFFORD.11006188 Date: 2017.01.05 16:37:30 -05'00'

SHANLEY.EDW

ARD.MICHAEL.J

R.1016193220

Digitally signed by

SHANLEY.EDWARD.MICHAEL.JR.10161932

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=SHANLEY.EDWARD.MICHAEL.JR.10161 93220 Date: 2017.01.05 16:40:28 -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 13:21:15 -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 13:21:30 -05'00'