SOLE_SOURCE_CHOCTAW_COUNTY_4197A_.pdf

Sole Source Control #______________________

Revision dated 6/4/2013

Date: _____________________

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: _______________________________________ To: Contracting Officer, Military Sealift Command

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

LIMITED SOURCE)

Ref: (a) USNS ____________________ 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:

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.

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)

N102-18-Q-7075

19 DEC 2017

Marvin C. Gregory, Electronics Technician, MSC, N6 443

Choctaw County N2978573634197

Request for OEM technical services through General Dynamics-Mission Systems (GD-MS) with JHSV Remote Surveillance System (JRSS), JHSV Interior Voice Communication System (JIVCS), JHSV Entertainment & Training System (JETS), and associated subcomponents for USNS Choctaw County (T-EPF 2)

General Dynamics-Mission Systems

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:

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

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. 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 ___________________ Describe how it applies to the critical piece of equipment:

N102-18-Q-7075

SMS 10.6.002-01-JHSV

GDMS authorized representative is the O.E.M. Similar communication system companies do not have the required technical data, proprietary software access and software diagnostic tools to review, test, and repair this system. The GDMS Communication System is unique to JHSV. Very little training has been provided to vessel crew. The identified representative is the only known representative for the combined system components known to provide support.

SMS 10.6.002-01-JHSV lists the General Alarm System as MSC Critical Equipment. The Expeditionary Fast Transport vessel has minimum crew and limited parts due to its unique mission. The safe operation of the EPF is dependent on highly skilled, qualified individuals and reliable navigation equipment, as it operates at high speeds with aluminum lightweight construction. The General Alarm System (GA), as part of the JHSV Interior Voice Communication System (JIVCS) is required for the vessel to safely sail in accordance with 46 CFR Part 58.25-15 (Voice Communications), 46 CFR Part 46 CFR 130.440 (Communications System). Additionally, this system is required on all international voyages per IMO and SOLAS regulations.

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):

2. Anticipated dollar value of the procurement: ___________________________

N102-18-Q-7075

Panasonic Fixed IP Camera

WV-NW502S

Panasonic Fixed IP Camera WV-NW502S

$66,232.00

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. The JRSS, JCSE, JWICS, JETS, and JVICS systems requires special proprietary software for functionality and administration of the ship's internal communication systems, and require technical expertise unique to these electronic components. The authorized vendor has access to parts, software, and technical data / drawings required for properly maintaining the equipment and to provide technical support during the annual inspection.

GDMS is best qualified to diagnose complex issues, troubleshoot, and repair issues that the ship is having with these systems.