Redacted_SSJ_-_Fenders_NEWPORT.pdf

Sole Source Control # NlOX-17-X-XXXX

Revision dated 6/4/2013

From: N44A NEW ACQUISITION – EPF Class To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS Newport Procurement Request No(s) N29795-9052-P002

(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: Aere’ Military Grade Fenders, P/N 0100-0810-MBLK and P/N 0100-0410-BLK.

Inflatable, portable, rugged and durable ship fenders that are capable of providing hull protection throughout the various requirements of an aluminum hull JHSV.

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.

PRAKTEK Inc.

12207 NW 35th Street Coral Springs, FL 33065

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.______ 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 _

D._XX_ 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 other ships that have this same Make and Model Number: EPF Class

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:

F. XX 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: 1.8 MM vinyl thickness – Inflatable-weight less than 200LBS when ready for Use-Portability, this type of fender does not require the use of a work boat or crane for deployment. Can be deployed by 2 men vice crane- Diameter and length is 8 X 10 and 4 X 10- Kevlar threading- Does not take up deck space when stored, it can be stored in a deck closet.

• Heavy 1.8 mm PVC, SOL process fabric with seams constructed of a minimum of 4 layers of material. Multiple wear bands around body of fender to help alleviate abrasion.

• Heavy Duty Stainless Steel “D” rings, 4 on each end, attached with 3 layers of heavy webbing and one layer of PVC material to prevent weakening by UV and reinforced with “Kevlar” thread for additional strength.

• 2 separate air holding chambers with separate fill valves.

G. _XX_ OTHER REASONS. Other reasons not identified above (i.e., statutory requirement such as harbor pilot services):

This is a new class of vessel and they will be deployed to areas without proper fenders available. EPF’s are constructed of aluminum vice steel and extreme caution must be exercised to protect the hull when conducting common evolutions such as refueling or receiving boats alongside. .

2. Anticipated dollar value of the procurement: $34,192.32

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.

Ship: requester signature required or Shore: PPE signature required

Dennis Joyce 757-341-5431 denns.joyce.ctr@navy.mil 06 March 2019 Signature Name (Printed) Phone Email Date

Ship: Suppo signature required or Shore: SPE/ASPE signature required

3/6/2019

X Jose' A. Gonzalez, Approved...

Jose' A. Gonzalez Acquisition Logistics Manager Signed by: GONZALEZ.JOSE.ANTONIO.1197862790 _______________ Jose A. Gonzalez 757-341-3435

Jose.a.gonzalez6@navy.mil 06 March 2019 Signature Name (Printed) Phone Email Date

Contract Specialist:

Signature Name (Printed) Date

Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Legal Sufficiency Review: I have determined this justification is legally sufficient.

mailto:denns.joyce.ctr@navy.mil mailto:Jose.a.gonzalez6@navy.mil