SSJ_N4044318T0310_BYRD_BATTERY_STORAGE.pdf

Sole Source Control #

Date: 6/25/2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: PM6 Port Engineer To: Contracting Officer, Military Sealift Command

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

Ref: (a)) USNS RICHARD BYRD Procurement Request No(s) N23194-8172-W256:N23194-8172-W257.

(b) Federal Acquisition Regulation 13.106

The supplies or services required under this requisitionare availablefrom only one or a limited number of responsible sources, and no other type ofsupplies 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 ofa 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 ofa 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:

BATTERY STORAGE; 18-E80S-21EE SHIPBOARD APPROVED MAINTENANCE FREE FORKLIFT

BATTERY; CASREP 18019

BATTERY;18-E80S-27EE SHIPBOARD APPROVED MAINTENANCE FREE FORKLIFT BATTERY ;

CASREP 18019

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.

ENERSYS

Check which of the following applies:

_X _"ONLY ONE RESPONSIBLESOURCE"(example: OEM technical representative)

"LIMITED SOURCE" (example: multipleOEM authorizedtechnical representatives)

"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, copyrightsor secret processes make the required itemor service available from only one source.

• Explain what is subject to restrictive rightssuch as proprietary rights, limited rights in data, patent rights, copyrightsor secret processes: ENERSYS is the OEM, service representative, and distributor. They own all proprietaryparts informationand parts are only available from their company.

As shown on the drawings, who is identified as "owning" the drawing ENERSYS.

Explain why the restrictive rights make the required item or service available from only one source, i.e., why anothercompany still couldn't satisfy the Government's need: ENERSYS holds sole proprietary rights for this equipment and drawings, and the use of parts and services from unauthorized sources shall render the equipment unserviceable.

Revision dated 6/4/2013

N105-18-T-0310

Sole Source Control #

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 ofthe 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. X STANDARDIZATION. In accordance with MSC's standardization initiative, only the specified make and model ofequipment/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 the Make and Model Number:

• Identify other ships that have this same Make and Model Number: T AKE 1-14 CLASS SHIPS

E. FORM, FIT AND FUNCTION. The required itemsare direct replacementparts/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 existingonboard equipment.

• Describehow new equipment mustbe compatible with existingship's configurations (i.e., piping, cabling, etc): ^___

UNIQUEFEATURES. Similarproducts lackfeatures that are necessaryto meet the Government's minimum needs (i.e., Furunoradarvs. Raytheon radar). Provide the following information:

• Identify the required features that are lacking fromthe competitor's product:

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 evaluateand determine whether non-OEM components and replacement partsoffered are equivalent to the OEM components and replacement parts.

TheResponsible Source has access to equipment, parts, provide service andtechnical data / drawings as required to properly repair, replace and maintain the equipment.

Revision dated 6/4/2013

N105-18-T-0310