Fire_Fighting_Demo_FCT_Support_Sole_Source.Redacted_Redacted.pdf

Revision Dated 6/4/2013

Sole Source Control #

Date: 12 Mar 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Michael Dunn, Principal Port Engineer

To: Contracting Officer, Military Sealift Command (Location) Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS CITY OF BISMARCK Procurement Request No(s): 18-011

(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:

Hiller Systems (OEM Authorized) provide firefighting support services during Final Contract Trials (FCT)

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.

Hiller Systems (Marine Division) Check which of the following applies:

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

"BRAND NAME LIMITED SOURCE" (example: multiple OEM authorized part distributors) "BRAND NAME SOLE SOURCE" (example: OEM replacement part)

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:

Hiller Systems is an authorized Technical Support Services company for ANSUL Firefighting Systems installed on the USNS CITY OF BISMARCK. ANSUL is the OEM and will not release restricted data to the Government due to proprietary rights.

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

ANSUL owns the proprietary rights to the firefighting systems installed on USNS CITY OF BISMARCK. Hiller Systems is the authorized ANSUL technical support company and has full knowledge of the systems. Hiller Systems has provided the FCT support services on all previous T-EPF vessels.

• Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes:

There are no other known Firefighting Service companies whom has detailed knowledge of the T-EPF ANSUL Firefighting Systems. This detailed knowledge is required in order to demonstrate and assist ship's crew during FCT presentation to the attending INSURV Board.

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.

• Provide the SMS procedure number: 10.6-002-ALL

• Describe how it applies to the critical piece of equipment:

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.

The HEF Fire Fighting System protects the Mission Bay and Main Propulsion System Spaces in the event of fire. It is critical that this system is fully operational to OEM Specifications.

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 and Model Number:

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

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. 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 sevice and replacement parts offered are equivalent to the OEM components and replacement parts. The item and/or services described requires technical expertise to this equipment. The OEM has access to provide parts and technical data/drawings as required by USCG and ABS.

2. Anticipated dollar value of the procurement:

I hereby certify that the above information is accurate and complete to the best of my knowledge and belief.

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Ship: requester signature required or Shore: PPE signature required

Signature: Phone: Email:

Ship: Suppo signature required or Shore: SPE/ASPE signature required

Email:Phone:Signature:

Contract Specialist:

Email:Phone:Signature:

Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Email:Phone:Signature:

Legal Sufficiency Review: I have determined this justification is legally sufficient.

Email:Phone:Signature: