Sole_Source_Justification_18-Q-4501__FEDBIZOPPS.doc

Sole Source Control # N104-18-Q-4501

Date: 04/03/18

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From:

N756 To:

Contracting Officer, Military Sealift Command

Subj:

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

Ref:

(a) USNS SUPPLY Procurement Request No(s) N21839-8093-W001

(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:

Aerocontrolex Fire Damper Systems in Cargo Hold 2 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.

Marine Equipment and Engineering Solutions LLC

6118 Riverview Blvd.

Bradenton, FL 34209 dbina@3mees.comCheck which of the following applies:

____ "ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative) ___ "LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

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

x As shown on the drawings, who is identified as "owning" the drawing: TRANSDIGM 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:

B. XXX 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.

MACROBUTTON CheckMe þ Identify the OEM (i.e., Motorola; Schat Harding):

Marine Equipment and Engineering Solutions LLC

6118 Riverview Blvd.

Bradenton, FL 34209 dbina@3mees.comMACROBUTTON CheckMe þ Attach evidence of the exclusive licensing agreement. mees and TRANSDIGM have a Memorandum of Understanding that authorizes MEES to be the sole distributor of AEROCONTROLEX parts (see Ref c).

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:

x Describe how it applies to the critical piece of equipment: Remote Fire Dampers D. XXX 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:

MACROBUTTON CheckMe þ Identify the Make: TRANSDIGM MACROBUTTON CheckMe þ Identify other ships that have this same Make and Model Number: All T-AOE Class vessels E. XXX 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:

MACROBUTTON CheckMe þ Identify the Make: AEROCONTROLEX: Various (see Ref d) MACROBUTTON CheckMe þ Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc.): Implementation of AEROCONTROLEX parts was provided for under the original NAVSEA contract for the construction of the T-AOE Class vessels. Continued use of these materials will ensure compatibility in terms of form, fit, and function and will prevent additional modification efforts by ship’s force to conform similar products to the vessel’s current specifications.

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. XXX OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): ABS REQUIREMENT FOR ALL FIRE DAMPERS TO BE 100% OPERATIONAL

2. Anticipated dollar value of the procurement: