FCB19-005_LIMITED_SOURCE_MEMO_signed_Redacted.pdf

Revision dated 11/19/2017

Sole Source Control # N106-19-0005

Date: 1 Oct 2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Port Engineer, 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 (AS-40) Procurement Request No(s) FCB19-005

(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:

Provide the services of a qualified Original Equipment Manufacturer (OEM) field service technician to accomplish LPAC PLC Upgrade onboard USS Frank Cable (AS 40).

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.

Curtiss-Wright POC: Mr. Brandon Paston 1675 Brandywine Avenue, Suite F Chula Vista, CA 91911, USA T: 619.482.3410 | M: 619.869.5605 brandon.paston@siemensgovt.com

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.__ 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: Curtis-Wright (former Siemens/Dresser Rand) is the

OEM of LPAC and hold proprietary software for all repairs and adjustments of the effected equipment. Only qualified field service technician can provide services as requested under Statement of Work to maintain system integrity. Similar companies do not have the required software to review, test, and repair the LPAC Model # GSS-200.

As shown on the drawings, who is identified as "owning" the drawing: DRESSER RAND 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 owns the technical data and software of the LPAC Units. This is a business proprietary design with limited authorized users. In order to meet ships operational commitments, the LPAC must be fully operational. Above mentioned qualified field representatives are trained in the repair and maintenance of these systems and have the special tools, software and manuals required that provide these services.

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._____ 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. AUXILIARY SYSTEM

Provide the SMS procedure number ____________________ Describe how it applies to the critical piece of equipment____________________________

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 _______________ and Model Number __________________ of existing onboard equipment.

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 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 manufacturing and technical information required to evaluate and determine whether non-OEM service providers and replacement parts offered are equivalent to the OEM components and replacement parts. The LPAC Units requires proprietary software for integration into the Auxiliary equipment, in which the above qualified field service representatives have access to parts, software, and technical data / drawings.

2. Anticipated dollar value of the procurement:

Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name (Printed) Date Christina Cortez 10/01/18