SSJ_18Q6109_REDACTED.docx

Date: 19 JUN 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

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

Ref: (a) USNS JOHN ERICSSON Procurement Request No(s)

(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 OEM material for the conversion of Main Engine Lube Oil Filters for the USNS John Ericsson (T-AO 194) T-ALT.

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.

MOTOR SERVICES HUGO STAMP, INC. 3190 SW 4TH AVENUE,

FORT LAUDERDALE, FL 33301 POC: OLIVER NEUMEISTER PHONE: 954 763-3660

FAX: 954 763-2872 OLIVER.NEUMESITER@MSHS.COM

BOLL FILTER CORPORATION 22635 VENTURE DRIVE

NOVI, MI 48375

POC: SPARES BOLL FILTER PHONE: 248 773-8200

FAX: 248 773-8201 SPARES@BOLLFILTERUSA.COM

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:

Sole Source Control # N10X-13-X-XXXX

Revision dated 6/4/2013

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:

The government does not own or have the rights to the detailed drawings to fabricate the required parts.

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

BOLL & KIRCH

· 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:

The drawings are OEM proprietary drawings. The US Government does not own or have rights to fabricate and manufacture replacement parts. Using Non-OEM parts would be in violation of SMS Procedure 10.69-002-AO for critical equipment.

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. 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 SMS Procedure 10.6-002-AO Describe how it applies to the critical piece of equipment. Identification of Critical Equipment and TAO Critical Equipment List. The Main Engines and related components are used for primary propulsion. Using Non-OEM components would result in loss of mission readiness and could potentially result in loss of life.

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 _Boll & Kirch and Model Number

6.64 DN200

· Identify other ships that have this same Make and Model Number: _Currently on most of the 15 T-AO Ships, some were built with Boll & Kirch, others are upgrading to have same units installed.

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 Sole Source Control # N10X-13-X-XXXX pilot services): ): MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts.

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 has access to procure parts, provide service and technical data/drawings as required to properly repair, replace and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.