Brand_Name_Limited_Source_MEMO.pdf

Sole Source Control # N10X-13-X-XXXX

Date: 11/23/2016

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Daniel Crouch, Port Engineer To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS CATAWBA Procurement Request No(s) N210156335V023

(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:

Provide OEM services and parts to overhaul the vessels Ships Service Diesel Generator Engine at the contractors facility.

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.

VALLEY POWER SYSTEMS, INC.

5725 East gate Drive San Diego, CA 92121 POC: Brian Welch

(858) 431-2121

MARINE SYSTEMS INC

116 CAPITOL BLVD

HOUMA LA 70360

PH: (985) 223-7100

PH2: (985) 223-7106

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:

BRAND NAME SOLE SOURCE: DETROIT DIESEL IS THE OEM OF THE VESSEL’S

SHIP’S SERVICE DIESEL GENERATOR ENGINES. ONLY DETROIT DIESEL

AUTHORIZED REPAIR COMPANIES/DISTRIBUTORS CAN PROVIDE OEM

SERVICES AND PARTS NEEDED FOR SYSTEM REPAIRS. ONLY AUTHORIZED

OEMS HAVE THE EXPERTISE AND KNOWLEDGE (INCLUDING ACCESS TO

PROPRIETARY DRAWINGS, INFORMATION, AND TECHNICAL

MANUALS/DOCUMENTATION) REQUIRED TO IDENTIFY AND PROVIDE REPAIR

SERVICES AND OEM PARTS.

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

_DETROIT DIESEL

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: DETROIT DIESEL does not release or license any of the proprietary information to unauthorized companies.

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.

THE REQUIRED ITEM IS TO REPAIR/OVERHAUL TO THE SHIPS SERVICE DIESEL

GENERTOR ENG INE, WHICH IS SMS CRITICAL EQUIPMENT, REF SMS PROCEDURE

NO – 10.6-002-01-ATF. IF THE GENERATOR ENGINE IS NOT REPAIRED, THE ENGINE

WILL FAIL AND THE VESSEL LOSE ELECTRICAL POWER THROUGHOUT THE VESSEL,

GOING DEAD IN THE WATER, POSSIBLY CAUSING A MARINE ACCIDENT AND/OR

CRASHING OFF THE VESSEL. SYSTEM FAILURE POSES A HAZARD TO THE SHIP, THE

CREW AND THE ENVIRONMENT.

Provide the SMS procedure number _ NO – 10.6-002-01-ATF Describe how it applies to the critical piece of equipment _THE G E NE RA TO R E NG IN E

PROVIDES ELETRICAL POWER TO THE ENTIRE VESSEL, INCLUDING THE

ELECTRICAL POWER FOR MACHINERY, ENGINES AND HABITABILITY SPACES.

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 D E TR O IT D IE S EL and Model Number 7163-7305 Identify other ships that have this same Make and Model Number: USNS CATAWBA, USNS

NAVAJO

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):

EQUIPMENT

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):

CASREP 16-041, 16-042, 16-043 APPLIES.

2. Anticipated dollar value of the procurement: