Redacted.ESL19-005_(Under_$150k)_Justification_for_Use_of_Other_than_Full_and_Ope....pdf

Sole Source Control #

Guam Version 1.1, April 2017

Date: 22OCT2018

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: SSU Guam Port Engineer supporting USS EMORY S LAND (AS-39) ESL19-005

To: Contracting Officer, Military Sealift Command

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

Ref: (a) 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:

30 CRANE ANNUAL INSPECTION AND CERTIFICATION

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.

PAR Marine Services LLC 2635 Nevada Avenue Norfolk, Virginia 23513 POC: Mike Coogan Phone: (757) 858-2000 e-mail: mcoogan@par.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:

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: PAR MARINE IS THE OEM FOR 30 TON BOAT AND

CRANE SYSTEM AND HOLD PROPRIETARY SOFTWARE FOR ALL REPAIRS AND

ADJUSTMENTS OF THE 30 TON CRANE SYSTEM. ONLY QUALIFIED FIELD SERVICE

TECHNICIAN CAN PROVIDE SERVICES AS REQUESTED UNDER THE STATEMENT OF

WORK TO MAINTAIN SYSTEM INTEGRITY. SIMILAR COMPANIES DOES NOT HAVE

THE REQUIRED SOFTWARE TO INSPECT AND CERTIFY 30 TON CRANE SYSTEM.

Sole Source Control #

Guam Version 1.1, April 2017

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

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 FOR 30 TON CRANE SYSTEM. THIS IS BUSINESS

PROPRIETARY DESIGN WITH LIMITED AUTHORIZED USERS. IN ORDER TO MEET

THE SHIP OPERATIONAL AND SAFETY COMMITMENTS, THE 30 TON CRANE MUST

BE FULLY OPERATIONAL. OEM ARE TRAINED IN THE INSPECTION AND

CERTIFICATION OF 30 TON CRANE.

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.

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. 30 TON CRANE FAILURE TO CERTIFY

WILL RESULTS IN NO SUPPORT FOR THE REPAIR OF TENDED SUBMARINE

Provide the SMS procedure number: Procedure 10.6-002-ALL

Describe how it applies to the critical piece of equipment: The 30 Ton Crane is a critical equipment that support to Submarines along side for any Nuclear Support crane services

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: and Model Number:

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

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: and Model Number:

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

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:

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 those proved by OEM approved sources. The work requires specialized parts, tools, and technical expertise unique to this equipment. .