Brand_Name_Justification_-_N32205-18-Q-0068.docx

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

Date: 27 October 2017

From: To:

Derrick Valentine, Yeoman Storekeeper Contracting Officer, Military Sealift Command, Norfolk

Subj: Ref:

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

(a) Procurement Request No(s) USNS COMFORT, N21637-7276 -S028

(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/lim ited 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:

PN: 300.04.K - LUBRICATING OIL PUMP

PN: 350.03.K - COOLING WATER

PN: 350.03.019 - PUMP RADIAL SEALING RING

Source(s) for the item or services: List the source(s) (offeror(s)/vendor(s)) who will be issued a solicitation to provide the above described item and/or services.

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)

L This determination for single/limited source procurement for this requirement is based on one 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: MAN B & W Diesel is the Original Equipment Manufactuer (OEM) for the Aux Diesel Gen Lo Prime Pump. MAN Diesel & Turbo North America Inc., is the authorized distributor for those parts as well as for the parts to the ADG Engine Attached Jacket Water Pump. MAN Diesel & Turbo North America provides spare parts for these pumps as designed by the shipbuilder. In order to properly maintain pumps and pumping assemblies, MAN B & W Diesel is the sole source providers, and there authorized distributor is MAN Diesel & Turbo North America Inc.

· As shown on the drawings, who is identified as "owning" the drawing: MAN B & W 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: Stated on MAN B & W Diesel drawings, use of the drawing is reserved exclusively for the buyer. Use of the drawing in whole or part to procure parts from a third party vendor that is not an authorized distributor , will void all warranties on all MAN B & W Diesel equipment.

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 ._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 and how it applies to the critical piece of equipment: 2.4- 001-AH . If this unit fails it could cause failure for the ship's mission.

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 the Make and Model Number : PUMP CTFGL GPH 31350 PSI36 & PMPRTY PWR GPH16547 PSI RPM1308 MODEL(s): 35003 K & 30004 K

· Identify other ships that have this same Make and Model Number: USNS MERCY T-AH19

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: PUMP CTFGL GPH 31350 PSI36 & PMPRTY PWR GPH16547 PSI RPM1308 , and Model Number MODEL: 35003 K & 30004 K of existing onboard equipment.

· Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): _All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

F. UNIQUE FEATURES. Similar products lack features that are necessary to meet the Government 's minimum needs (i.e., Furu no 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 reason , not identified above. Provide details on mission impact if requirement is not received from only one source: 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.

2. Anticipated dollar value of the procurement: $XXXXX