MEMO_Limit_Sources.pdf

Sole Source Control #

Date: 29 March 2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: MSC SSU GUAM, N7 Engineering Department To: Contracting Officer, Military Sealift Command

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

Ref: (a) Purchase Request No. N4044617RCN7193

(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, and 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:

This service order describes the requirement for an OEM authorized facility to receive, inspect, repair, calibrate or replace with new if repair is not economical and redeliver a Government Furnished a 30-Ton Crane Variable Frequency Drive (Slew Drive).

OEM PHC SSDDD Part No. Description Qty UI

890SD/4/0420H/B/1F/A/083 STANDALONE 460VAC 350HP BRAKING ADV (CC) 1 EA

Known Source(s) for the item or services: List the source(s) (offeror(s)/vendor(s)) that are known to be able to provide the above described item and/or services.

Parker Hannifin Corporation SSD Drives Division 9225 Forsyth Park Drive Charlotte, North Carolina 28273 POC: Christina Maradiaga Phone: (704) 548-7016 E-mail: cmmaradiaga@parker.com

Check which of the following applies:

XXX "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. _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:

Sole Source Control #

As shown on the drawings, who is identified as "owning" the drawing: Parker Hannifin Corporation;

Ref drawings 2.5 to 2.15 of statement of work.

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. XXX 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: Procedure 10.6-002 – All lists 30-Ton Crane.

Describe how it applies to the critical piece of equipment: Safety Management Systems Number 10.6- 002-ALL lists 30-TON Crane. Failure of the current 30-Ton Crane Variable Frequency Drive on board ship will results in a C-3 CASREP and a loss of primary mission capability of tending submarines alongside.

D. XXX 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 the Make: Parker Hannifin Corp and Model Number: 890SD/4/0420H/B/1F/A/083 Identify other ships that have this same Make and Model Number: AS-39 Class

E. XXX 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 the Make: Parker Hannifin Corp and Model Number: 890SD/4/0420H/B/1F/A/083 Describe how new equipment must be compatible with existing ship's configurations (i.e., piping, cabling, etc.): Parker Hannifin Corporation SSD Drives Division is the authorized Original Equipment Manufacturer (OEM) and the only source capable of providing the required proprietary parts and technical services to repair the 30-Ton Boat & Repair Crane. The existing installed crane is complex and engineered for submarine applications. All components/parts of the crane are proprietary to the OEM. Therefore, Parker Hannifin Corporation SSD Drives Division is the only contractor with the required knowledge, experience and technical data that can provide the OEM inspection, replacement of parts and repair for this crane.

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. XXX 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. The OEM has access to provide parts, technical data, drawings, and service required to repair this system.

H.