Sole_Source_Mobile_Telecom_Redacted.pdf

Sole Source Control # N102-19-Q-1000

Revision dated 6/4/2013

Date: 2/27/2019

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$250K)

From: N61 Program Manager To: Contracting Officer, Military Sealift Command

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

Ref: (a) N61 Executive Communication and Kymeta Kit Procurement Request No(s) N3220572296101

(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 Klas Telecom 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:

Services - DECTK-GW provides advanced communications solutions, from the delivery of classified data to the stand-up of a classified mobile command center Item - VoyagerECK (Executive Communication Kit)

• DoD Secure Communication Device (DSCD) approved product list

• Transport agnostic (Cellular, WIFI, SATCOM, etc) kit

• Only approved product available with embedded handset

• Only kit with embedded 2 (two) hour battery backup

• IO Certification

Services – Kymeta provides services solely for use with the Kymeta antenna Item – Kymeta KyWay

• Flat panel L32.4 in x W 32.4 in X D 6.4 in KU band Satellite Terminal 16 W with iDirect X7 modem

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.

• Klas Telecom

• CopaSAT Government Solutions

• ADS, Inc

• NOMAD GCS

• Lockheed Martin-SOF CLSS Contract

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:

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: Klas Telecom owns the proprietary rights to the drawings.

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

• 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: Klas Telecom will only sell thru approved resellers.

• Kymeta owns the proprietary rights to the drawings.

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

• 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: Kyemeta will only sell thru approved resellers.

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 Klas Telecom

• 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____________________________

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 Klas Telecom 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. __X____ 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: Klas Telecom ECK Transport agnostic (Cellular, WIFI, SATCOM, etc) kit Only approved product available with embedded handset Only kit with embedded 2 (two) hour battery backup IO Certification

Identify the required features that are lacking from the competitor's product: Kymeta Portable Flat panel satellite terminal for easy installation offering low profile operations in shore and maritime based missions No moving parts as it is controlled by phased array technology compared to traditional gyroscope antenna systems Remotely updated Operates with a 16watt BUC for increased power on Ku Band

G. __X__ 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 service and replacement parts offered are equivalent to the OEM components and replacement parts.

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.