Limited_Source_USNS_KANAWHA-MHE_Srvc.Redacted_Redacted.pdf

Revision Dated 6/4/2013

Sole Source Control #

Date: 04 April 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: MHE PROGRAM MANAGER

To: Contracting Officer, Military Sealift Command (NORFOLK) Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS KANAWHA Procurement Request No(s): N2158180854001

(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:

MHE SERVICES (SUPPORT AND REPAIRS) FOR CERTIFICATIONS AND WEIGHT TESTING ONBOARD THE USNS KANAWHA IN 5th FLEET.

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.

Technical Support Specialists and Consultation LLC Kanoo Machinery 39823 N. Central Ave. P.O. Box 45 Phoenix Az. 85086 Manama Office 619-733-6700 Bahrain FAX 908-552-2532 Office 973 17738201

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:

SOW requires a trained /qualified technician thoroughly familiar with the repair and maintenance of Hyster MHE and experience to read Hyster diagnostic software codes. Hyster controls the proprietary rights to this software which allows for the diagnosis of equipment issues.

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

Hyster is the manufacturer which has access to business sensitive technical manuals, drawings, and software proprietary rights.

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

Hyster controls the proprietary rights to CP Service Tool software. This software provides equipment faults allowing the repair activity to properly identify and conduct the necessary repairs. Without these codes the equipment can not be properly maintained which would cause the ship to not be able to execute its mission.

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: 7.6-001.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.

MHE is required for MSC vessels to perform Combat Logistics missions. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels.

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):

- This is a Material Handling Equipment (MHE) service to be performed in the 5th Fleet AOR. The services identified in the Statement of Work (SOW) require in-depth knowledge of "shipboard-approved" Hyster MHE and other equipment specially designed and approved for use on Navy and Military Sealift Command (MSC) vessels IAW specific Navy procurement descriptions.

- The Hyster forklifts on this ship have been built to meet these specifications, have undergone in-depth first article testing (including shock testing), and have been specifically approved for use onboard Navy and MSC ships by the Navy Surface Warfare Center. As such, the SOW requires a trained and qualified technician intimately familiar with the repair and maintenance of Hyster MHE and the experience to read Hyster diagnostic codes.

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: