MILLINOCKET_V012a_(3).pdf

Revision Dated 6/4/2013

Sole Source Control # N102-18-Q-7080

Date: 07 Dec 2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Richard Darren Randall, Port Engineer

To: Contracting Officer, Military Sealift Command (Norfolk, Va) Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS MILLINOCKET Procurement Request No(s): MOR 3-18-022 ROH GFM WI 0111

(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:

Main propulsion diesel engines Sea Water injection pots. QTY 4 = one ship set

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.

Precision Products 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:

The requested material is for direct replacement of the existing SW INJ pots. Precision Products holds the proprietary drawings and they alone manufacture of of the new construction injection pots for the EPF Class Builder

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

AUSTAL JHSV TEAM

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

Due to proprietary design and operation, all parts and services shall be procured through an OEM authorized representative. Any deviations from OEM parts, diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM parts are required to meet regulatory requirements by ABS and the US Coast Guard for crew safety, and to reduce the chances of equipment failure.

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)

Revision Dated 6/4/2013

Sole Source Control # N102-18-Q-7080

• 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.

Main Propulsion and navigational safety. Ship is currently operating with 2 of the 4 MPDE SW Injection Pots having recently been temporarily repaired. The American Bureau of Shipping has granted EPF 3 a waiver to operate until our next dry docking (ROH Feb 2018) and replace with new OEM Injection Pots

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:

DWG#8444281

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

EPFs1-6

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:

DWG#

• Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc):

The Injection POTS are precision machined and welded. Units are "handed" which means 2 of the 4 can be used on port and the other 2 can only be used on the starboard side.

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 manufactured replacement parts offered are equivalent to the OEM components and replacement parts for Main Propulsion Diesel Engine.

The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

2. Anticipated dollar value of the procurement: 66,728.00