N23192-6326-S244_Brand_Memo.pdf

Revision Dated 6/4/2013

Sole Source Control # N23192-6326-S244

Date: 21 Nov 2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: TEHRON LATHAN and YNSK

To: Contracting Officer, Military Sealift Command (NORFOLK) Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION (SOLE OR LIMITED SOURCE) Ref: (a) USNS [SACAGAWEA] Procurement Request No(s): N23192-6326-S244

(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:

Line 0001 SOLEST 180, 55 GALLON DRUM OF SOLEST 180, QTY 5

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.

Atlantic Chemical National Refrigerants Inc Camco Lubricants

IMECO

Johnson Controls

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 Cargo Refrigeration Plant onboard T-AKE 1-4 has a unique type of oil that is only applicable for a regular plant maintenance schedule. Proper refurbishment and maintenance of the plant are critical to the safe operation of the T-AKE refrigeration plant and provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations.

• 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:

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.

Revision Dated 6/4/2013

Sole Source Control # N23192-6326-S244

• Identify the OEM (i.e., Motorola; Schat Harding)

• Attach evidence of the exclusive licensing agreement.

• Provide the SMS procedure number: N0300-330.00-AQ MISSION SPECIFIC

• 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.

CPI Engineering is the oil manufacturer for “Solest 180 and Solest 120” refrigeration oils in the United States. As the OEM they are contracted by T-AKE ship builder, NASSCO, to provide warranty support for T-AKEs. To maintain the refrigeration systems warranty, it is required that MSFSC procure Solest oil from CPI through their distribution network. Other vendor's blend of Solest oil has proven to be unacceptable for installed systems on T-AKE Class.

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:

SOLEST OIL TYPE 180

• Identify other ships that have this same Make and Model Number:

T-AKE-1 THRU T-AKE 4

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:

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

Solest Oil is vital component of the refrigeration system, and will replace the existing SOLEST oil in the compressor sump. When changing the compressor oil, there will always be residual oil left in the system. When adding new oil, it is critical that the exact brand and type of oil are used, due to compatibility isuues.

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):

Solest Oil 180 is the only approved product brand name IAW ABS regulation that can be used safely for proper maintenance and operation of Cargo reefer Compressors. The vendors listed above are the only known approved sources of Solest 180 available in the required size conatiners. Solest 180 in 55-gallon drums to fit the specific hazmat storage locations onboard the ship. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM parts are equivalent to the OEM components and replacement parts.

2. Anticipated dollar value of the procurement: