Sole_Source_Memo.pdf

Date: 13 May 2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Emilson R. Fabrigas Principal Port Engineer for USS FRANK CABLE (AS 40)

To: Contracting Officer, Military Sealift Command

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

Ref: (a) USS FRANK CABLE CASREP No. 15-051

(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 York/JCI 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:

NR 3 Air Conditioning Compressor and Motor installation and operational testing of NR 3 Air Conditioning Plant.

OEM tech rep on site, with part to complete installation of NR 3 AC Compressor and motor and conduct operational testing of NR 3 Air Conditioning Plant.

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.

Johnson Controls Company York Marine Division 4401 23rd Ave. W.

Seattle, WA 98199 POC: Linda Ferrell Linda.Ferrell@jci.com Phone: 206-285-0068 Cell: (206)518-1300

Check which of the following applies:

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

_____ "LIMITED SOURCE" (example: multiple OEM authorized technical 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. ____ 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: __

N106-16-P-0113

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. ___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.

þ Provide the SMS procedure number: Procedure 10.6-002-ALL þ Describe how it applies to the critical piece of equipment:

NR 3 Air Conditioning Plant provides air conditioning to the entire ships. Air conditioning for the crew to support good health and comport and shipboard equipment which requires pre determine set temperature to allow proper operations. Air Conditioning Plant is play a very vital role in everyday ship’s operations

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:

þ Identify the Make: JOHNSON CONTROL and Model Number: Air Conditioning Plant HFC-236fa 250- Ton Capacity (AS-39 and AS-40) þ Identify other ships that have this same Make and Model Number: AS39 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:

þ Identify the Make: YORK CENTRIFUGAL AC and Model Number: Air Conditioning Plant HFC-236fa 250-Ton Capacity (AS-39 and AS-40) þ Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc.): NR 3 Air Conditioning Compressor is a specialty piece of equipment customized to fit the individual ship. It SHALL fit directly the USS Frank Cable Air Conditioning Plant. Improper maintenance or repair or the use of incompatible parts will render the compressor ineffective and allow very low efficiency of air conditioning system throughout inside the skin of the ship which significantly affect crews comport habitability and material degradation. Use of OEM parts and technical representatives will ensure compatibility in terms of form, fit, and function. It will also prevent redesign / modification of the installed system to conform similar products to the vessel’s current specifications.

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 the manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to OEM components and replacements parts. NR 3 Air Conditioning Plant onboard AS-40 requires specialized parts, tools, and technical expertise unique to this equipment. The OEM has access to provide parts, technical data, drawings, and service required to repair this system.