JA_N106-16-P-057_REDACTED.pdf

Revision Dated 6/4/2013

Sole Source Control # N106-16-P-057

Date: 16 Nov 2015

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Joseph Astbury

To: Contracting Officer, Military Sealift Command Norfolk Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS [SHIP NAME] Procurement Request No(s): N2158253185603

(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:

OEM to provide services to accomplish repairs, set controls and provide and operational test for the engine room port and starboard bridge cranes.

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.

Proserv Crane Group Matthew Grice 2020 E. Grauwyler Irving, TX 75061

972.438.5100 ext. 523 Phone

972.438.1948 Fax

817.301.2285 Cell

Check which of the following applies:

"ONLY ONE RESPONSIBLE SOURCE" (example: OEM technical representative) "LIMITED SOURCE" (example: multiple OEM authorized technical representatives)

"BRAND NAME LIMITED SOURCE" (example: multiple OEM authorized part distributors) "BRAND NAME SOLE SOURCE" (example: OEM replacement part)

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:

The Government does not own or have the rights to the detailed drawings. The propriety drawings contain material specifications parts specifications for the original installation. Proserv Crane Group is the OEM and can provide services and parts for the present requirements for required installation.

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

• Explain what is subject to restrictive rights such as proprietary rights, limited rights in data, patent rights, copyrights or secret processes:

PECOS

Revision Dated 6/4/2013

Sole Source Control # N106-16-P-057 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.

• Provide the SMS procedure number: SMS procedure number 10.6-002, main engines are listed as L-3 equipment in SMS guides

• Describe how it applies to the critical piece of equipment:

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.

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:

Proserv/Anchor Crane and Hoist Company Model H9

• Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc):

OEM services ensure proper clearances, parameters and designed funcitons are maintained in the engine room overhead cranes.

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. 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 components and replacement parts offered are equivalent to the OEM components and replacement parts. The engine room bridge cranes are outdated and require specialized repair and parts that only the OEM can accomplish.

The original company for installation of the existing crane was Anchor Crane & Hoist Service Company. Proserv Crane Group bought out the company and holds the original installation drawings and system requirements. They are also the OEM for service. The cranes are required to be fully functional during the upcoming MTA starting 1 May 2014 for the 72K hour overhaul of the main engine. Without the cranes being fully functional, there will be delay in performing the repairs and could lead to extending the contract completion date. The completion date has to stay in place to meet commitment following the overhaul.