N3220518Q4095_JA_Redact.pdf

Sole Source Control # N10X-13-X-XXXX

Revision dated 6/4/2013

Date: 16 Oct 2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS

From: PM1 Timothy Freehling Port Engineer To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS JOHN ERICSSON Procurement Request No(s)

(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 OEM material for the upgrade of the Orbit TVDTS Antenna and System on the USNS J

(T-AO 194) T-ALT 0915.

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.

COASTAL MARINE ELECTRONICS

3124 RIVER DRIVE

SAVANNAH, GA 31404

Tele: 912 303-0042 Fax: 912 303-0430 Email: COASTALMARINEE@AOL.COM

WARTSILA GA INTERNATIONAL INC.

5553 RAVENSWOOD ROAD, SUITE 102

FORT LAUDERDALE, FL 33312

Tele: 954 524-9107 Fax: 954 524-9111 Email: SERVICE.FLORDIA.GAI.@L-3.COM

NAVTECH MARINE ELECTRONICS

293 KALIHI STREET

HONOLULU, HI 96819

Tele: 800 299-1959 Fax: 808 848-7605 Email: NAVTECH2@LAVA.NET

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: __ The government does not own or have the rights to the detailed drawings to fabricate the required parts.

As shown on the drawings, who is identified as "owning" the drawing: __ SEA TEL COBHAM owns the drawings and technical manual.

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 drawings are OEM proprietary drawings. The US Government does not own or have rights to fabricate and manufacture replacement parts.

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.____ 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.__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 _ SEA TEL COBHAM __ and Model Number ___6011-4-DTS_______________ Identify other ships that have this same Make and Model Number: _Currently on all 15 T-AO Ships, it is for T-ALT 0915._____________________

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.

MSC Does not have manufacturing and technical information required to evaluate and determine whether non- OEM components and replacement parts offered are equivalent ot the OEM components and replacement parts.

The OEM has access to procure parts, provide service and technical data/drawings as required to properly repair, replace 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: