J A_Redacted.pdf

Control # N106-16-P-0108

Revision dated 6/4/2013

Date: 3 Dec 2015

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: USNS RICHARD BYRD Principal 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) N23194-5337-W001

(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 A/C refrigeration tubes for the refrigeration system installed on the T-AKE Class ships

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.

IMECO, Inc. (CAGE 0V369) Johnson Controls, Inc. (CAGE 67YJ1)

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._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: The refrigeration system original equipment manufacturer (OEM) is Johnson Controls, Inc. (formerly York International Refrigeration of Hoejbjerg Denmark) for the T-AKE class ships. Both Johnson Controls, Inc. and

IMECO, Inc. are York International’s only authorized United States service representatives and parts distributors. Each has access to proprietary information and drawings, example

MFR DWG-F-32315 for T-AKE in support of the T-AKE Class A/C refrigeration system.

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

Refrigeration Hoejbjerg Denmark MFR DWG-F-32315.

Control # N106-16-P-0108

Revision dated 6/4/2013

• 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: York Marine

Refrigeration Hoejbjerg Denmark holds proprietary rights for equipment, drawings and the use of parts and services from unauthorized sources can render the equipment unserviceable.

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.__X___ 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 N0300-330.00-AQ Mission Specific

• Describe how it applies to the critical piece of equipment: The reduction of A/C capacity can pose a hazard to shipboard vital equipment and the crew, due to limited cooling capacity required for navigational electronics. Proper refurbishment and maintenance of A/Cs are critical to the safe operations of the vessel.

D.__X___ 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 _York Refrigeration of Hoejbjerg Demark_ and Model Number VSB151LE APL:

X231912AQG5

• Identify other ships that have this same Make and Model Number: All T-AKE vessels of class

E. __X___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 York Refrigeration of Hoejbjerg Demark and Model Number _VSB151L_ of existing onboard equipment.

• Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc): Refrigeration System is installed at ship construction by NASSCO with piping, Freon flow processes, and configured to meet T-AKE ROC/POE requirements.

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): MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE vessels are under limited manufacture warranty and only

OEM parts can be installed in this critical refrigeration system due to possible damage to condensers or other major equipment.