MEMO_TO_LIMIT_SOURCES_REDACTED.pdf

Date: 10/13/2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: N756 To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS SACAGA WEA Procurement Request No(s) N23 l 92 7286-4204

(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:

NO. 2 MAIN DIESEL ENGINE (MDE) 12000 HR. SERVICING AND OVERHAUL

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.

Motor Services Hugo Stamp (MSHS) MAN DIESEL Fairbanks Morse Engine (FME)

Check which of the following applies:

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

_XX_ "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._XX_ 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 engine OEM is MAN Diesel, Germany for the T-AKE Class ships. Fairbanks- Morse Engine (FME) and Motor-Services-Hugo-Stamp (MSHS) are the OEM authorized suppliers of approved repair parts for T-AKE Class Main Engines. Proper refurbishment and maintenance of the engines are critical to the safe operation ofT-AKE vessel. FME and MSHS provide parts and technical data / drawings from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures engine reliability, and crew safety.

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

Revision dated 6/4/2013

Sole Source Control# NlOX-16-X-XXXX

• 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: The OEM will only sell repair parts to an OEM authorized rep.

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._XX_ 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 10.6-002-ALL

• Describe how it applies to the critical piece of equipment I 0.6-002-ALL lists all four Main Propulsion

Diesel Engine (MDE) as critical equipment. Failure of one MDE will force the ship to reduce operational speed. The loss of two engines put the ship in a C-4 status, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, which will result in a CASREP. The reduction of speed can also pose a hazard to the crew, due to limited ship maneuverability. Proper refurbishment and maintenance of engines are critical to the safe operations of T-AKE vessel.

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 __________ _

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

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 ______ _ equipment.

and Model Number ________ of existing onboard

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

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 Jacking from the competitor's product:

G. _XX_ 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 components and replacement parts offered are equivalent to the OEM components and replacement parts. T-AKE engines require special tools, specialized repair parts, and technical expertise unique to these engines; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM rep has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

Revision dated 6/4/2013