J&A_Other_than_Full_and_Open_Redacted.pdf

N32205-18-Q-4623

Revision dated 6/4/2013

26 February 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (>$150K)

From: N754 Port Engineer, USNS COMFORT 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: N21637-8057-V024

(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:

D5 OVERRUNNING CLUTCH PART# 6205-01-007-C NSN: 3010-01-316-0164

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 SAFETY CORPORATION

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)

"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. 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 design details, settings and data of the davit winch are all owned by Marine Safety Equipment Corporation. The technical manual provides only parts numbers and it does not contain information related to specifications or dimensions.

• As shown on the drawings, who is identified as "owning" the drawing: Marine Safety Equipment

Corporation Farmingdale, N.J

• 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: Marine Safety Equipment Corporation is the only know source for Overrunning Clutch replacement; the technical manual associated to the davit configuration belongs to Marine Safety Equipment Corporation. Currently, Marine Safety is the only

N32205-18-Q-4623

Revision dated 6/4/2013 source who MSC can purchase parts for Life Raft Davits. MSC rep verify and found that part is not available on the stock systems.

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: SMS 8.2-001-ALL Abandon Ship

• Describe how it applies to the critical piece of equipment: Life Raft equipment is a critical component uses for survival in the event crews required to abandon ship. The life raft davit acts as a launching device, uses for lowering Life-Raft with personnel onboard. Without this equipment, the life raft will not be able to inflate.

D. 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:

• Identify other ships that have this same Make and Model Nr:

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 Model Number series:

• 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. OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services):

MSC does not have the manufacturing and technical information required to evaluate and determine whether the components and replacement parts offered are equivalent to the responsible source components and replacement parts.