JA_N105-P-0218_Redacted.pdf

Sole Source Control # N10X-13-X-XXXX

Revision dated 6/4/2013

Date: 8/19/15

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: PM6 Logistics Type Desk To: Contracting Officer, Military Sealift Command

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

Ref: (a) T-AKE Class ships AKE 1-14 & Tech Library Procurement Request No(s) N23191-5231-CB01, N23192-5231-CB02, N23193-5231-CB03, N23194-5231-CB04, N23195-5231-CB05, N23196-5231-CB06, N23197-5231-CB07, N23198-5231-CB08, N23199-5231-CB09, N23602-5231-CB10, N23726-5231-CB11, N29001-5231-CB12, N29002-5231-CB13 and N29003-5231-CB14

(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:

Procurement of annual software license for the AVEVA Tribon system

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.

AVEVA Inc.

Check which of the following applies:

_____"ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative)

_____ "LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

__X_ "BRAND NAME SOLE SOURCE" (example: OEM replacement part)

_ _ "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: AVEVA owns all proprietary licenses and software rights.

AVEVA has zero authorized vendors who can provide this software. Letter from AVEVA stating this fact is attached in CMLS.

As shown on the drawings, who is identified as "owning" the drawing: AVEVA 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: AVEVA owns all proprietary licenses and software rights to the system installed on 14 T-AKE Class ships, and at the MSC Technical Library. Software licenses must be renewed annually. Failure to renew the license will render the system inoperable.

N105-15-P-0218

Sole Source Control # N10X-13-X-XXXX

Revision dated 6/4/2013

B. __X__ 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).

Identify the OEM (i.e., Motorola; Schat Harding) AVEVA Inc.

Attach evidence of the exclusive licensing agreement. Attached in CMLS.

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

Tribon is a Naval Architecture program acquired by AVEVA in 2004. This program was installed on all 14 T- AKE Class ships during the construction phase, and at the MSC Technical Library.

Tribon is a family of programs that create and refer to a common set of databases containing the design details of the T-AKE Class ships. Together, these databases are used to depict a 3D model of the ship, with embedded information for all of the parts of the design, from ship structural elements to pipe segments to equipment.

This is used by Ship’s force to troubleshoot and conduct repairs on installed shipboard systems. The shore-side Port Engineers use this system to write work specifications and schedule shipboard repairs. This software is centrally located at the MSC Technical Library in Bldg LP-26, Norfolk, Va, and on each of the 14 T-AKE Class ships.

The software license must be renewed annually, or the system becomes inoperable without the new activation code.

2. Anticipated dollar value of the procurement for this Class Buy: $9,365.00_____

N105-15-P-0218