Sole_Source_Justification_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 01/23/2019

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): __N23198-9008-4001_____________________________________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE: Procurement of fwd and aft stern tube replacement parts.

1. Provide a description of the item or service required, to include Procurement of fwd and aft stern tube replacement parts.

a) The name of the required source or brand name: Wärtsilä Defense Inc.

b) The required delivery date/is 05/31/2019 and the period of performance is 06/05/2019 to 08/18/2019

c) its intended use for the following work items: 0903 Propeller Shaft & Stern Tube Inspection, 0904 FWD & AFT Stern Tube Sea

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

Wärtsilä Defense Inc.

3617 Koppens Way Chesapeake, Va 23323 www.wartsila.com http://www.wartsila.com/

2 Ver 2.0 (01 July 2018)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. __X___ Only one responsible source (select all that apply):

1. __X___ RESTRICTIVE RIGHTS: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

• Wartsila Defense of Chesapeake, VA is the only US distributor for the FW Closed Loop System, and has access to proprietary data for the all parts and assemblies for the fwd and aft stern tube seals and bearing parts.

b. If drawings are included, who is identified as “owning” the drawings: WARTSILA DEFENSE.

• 2. __X___ EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM: Wartsila Corporation of Helsinki, Finland is the original equipment manufacturer (OEM) for the stern tube seals and propulsion shafting system on all T-AKE Class ships..

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

• Wartsila Defense of Chesapeake, VA is the only US distributor for the FW Closed Loop System, and has access to proprietary data for the all parts and assemblies for the fwd and aft stern tube seals and bearing parts.

b. Identify the distributor / authorized technical representative for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. (NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

3. __X___ OTHER REASON: Wartsila Defense is the OEM for T-AKE class Stern Tube Assembly

System. These parts are unique to T-AKE Class Stern Tube Systems. Wartsila Defense holds business sensitive drawings and licensed agreements for T-AKE Systems. It is in the best interest of the Government to utilize OEM, Wartsila Defense, for these parts. T-AKE Class are undergoing critical stern tube bearing change-outs that require ship’s dry-docking and specialized connecting ring manufactured to fit and form. Only OEM, Wartsila Defense maintains the required expertise to provide. T-AKE Class require stern tube assembly tail shaft liners and bearings need to be on-site at scheduled shipyard so work can commence on time and in a safe manner. Only OEM, Wartsila Defense, can provide this unique stern tube

3 Ver 2.0 (01 July 2018) bearing manufactured to fit and form as they relate to T-AKE stern tubes. It is in the best interest of the Government to procure these parts from OEM, Wartsila Defense.

a. __X___ CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment. The NEW installation of a FW closed loop lubrication system have proven to be a solution to the TAKE bearing wear problem. Wartsila Defense is the only vendor that can provide replacement parts.

i. SMS Procedure Number: N/A

b. __X___ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make: WARTSILA DEFENSE / Model Number(s): WLP0001598-000 &

WLP001952-000

ii. Identify Make: WARTSILA DEFENSE and Model Number: WLP0001598-000 &

WLP001952-000.

ii. Identify other vessels with this Make / Model: USNS LEWIS AND CLARK, USNS

SACAGAWEA, USNS ALAN SHEPARD, USNS RICHARD BYRD, USNS ROBERT PEARY, USNS

AMELIA EARHART, USNS CARL BRASHEAR, USNS WALLY SCHIRRA, USNS MATHEW PERRY,

USNS CHARLES DREW, USNS WILLIAM MCLEAN, USNS MEDGAR EVERS, USNS CESAR CHAVEZ

c. _____ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

• i. Identify Make / Model of existing equipment: WARTSILA DEFENSE and Model Number: WLP0001598-000 & WLP001952-000

ii. Describe how the equipment must be compatible with the existing configuration.

d. _____ OTHER:

4. __X___ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: 01/07/2019

b. Required delivery date / Period of Performance: RDD: 05/31/2019/ POP:06/05/2019 to

4 Ver 2.0 (01 July 2018)

08/18/2019

c. If the difference between a. and b. is more than one week, explain the delay in submitting t he requirement.

d. Estimated production lead time: 4-6 weeks

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

5 Ver 2.0 (01 July 2018)