Redacted_Limited_Sole_J&A.doc

Sole Source Control # N104-18-Q-4190

Date: 16 Apr 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From:

Name and Title Joseph Fader, N757 Principle Port Engineer To:

Contracting Officer, Military Sealift Command Subj:

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

Ref:

(a) USNS SHIP HERSHEL WILLIAMS (T-ESB 4) Procurement Request No(s) N243580784003

(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 3”NPS 3- Leg Expansion Joint Assembly Hastelloy, Flanged; Hose 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.

Hose Master, Inc

Westflex Industrial 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: Hose Master Inc. LLC is the Original Equipment Manufacturer (OEM) and owns the proprietary information/drawings. The government does not own or have access to proprietary information/drawings.

· As shown on the drawings, who is identified as "owning" the drawing: Hose Master 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: If another manufacturers Expansion Joint Assembly were to be procured, there would be compatibility issues that would have to be contended with requiring additional funding to accomplish needed changes in an effort to make different original equipment manufacturer components to support the existing system. It is critical to maintain class configuration through the life of this class of ship.

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 Hose Master Inc. and Model Number HP-12031R________________

· Identify other ships that have this same Make and Model Number: USNS LEWIS B. PULLER (T-ESB 3). TALT ESB 15-022 applies.

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 components and replacement parts offered are equivalent to the OEM components and replacement parts. 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.

2. Anticipated dollar value of the procurement: _ Revision dated 6/4/2013