USNS_YUMA_-_HEF_SQT_Support_SSJ.pdf

Sole Source Control # N10X-13-X-XXXX

Revision dated 6/4/2013

Date: 24 Jan 2017

MEMORANDUM FOR SIMPLIFIED ACQUISITIONS (<$150K)

From: Van Nguyen, USNS YUMA, T-EPF 8 Port Engineer

To: Contracting Officer, Military Sealift Command

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

Ref: (a) USNS YUMU Procurement Request No(s) N2979170244113

(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:

Testing of USNS YUMA High Expansion Foam System (HEF). Admiral T. Shannon has ordered testing of the USNS YUMA HEF System. A Problem on a sister class vessel has been reported and a test and inspection is required on YUMA by the installer, The Hiller Companies and supporting O.E.M. of the related components. To continue the required testing on YUMA it is required that Hiller performs the testing to maintain continuity of variables. The HEF System is the primary fire protection system for the Engine Rooms and Mission Bay. Hiller has been performing the testing on JHSVs and their experience in performing the tests to continue root cause analysis of the problems is imperative.

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.

HILLER SYSTEMS, INC.

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: The HEF Fire Fighting was installed by The Hillier

Companies. Hiller is the only known company with the required JHSV HEF Fire System knowledge, experience and proprietary information authorized to perform root cause failure analysis for the equipment installed on JHSV Class. Hiller holds all proprietary rights to the drawings and essential components of the HEF System. Hiller is authorized to provide parts and technical data / drawings as required by USCG and ABS regulations.

colleen.houser Text Box N102-17-Q-7364

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

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: Service and support is required by the OEM. Any deviations from OEM parts, diagnosis, repairs, or tests could result in personal injury or equipment failure and damage. OEM parts and servicer are required to meet regulatory requirements by ABS and the US Coast Guard for crew safety, and to reduce the chances of equipment failure.

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.

Provide the SMS procedure number:

SMS Number 10.6.002-All Lists the HEF Fire Fighting System as critical equipment. The

JHSV Class Main Engine Rooms and Mission Bay is protected by this system. The vessel is carrying dangerous cargos. Machinery Space and Mission bay protection is essential to vessel and crew safety. There is a full vessel crew and embarked force onboard depending on this fire protection system.

Describe how it applies to the critical piece of equipment______ o The HEF Fire Fighting System protects the Mission Bay and Main Propulsion System

Spaces in the event of fire. It is critical that this system is fully operational to OEM

Specifications.

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:

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. __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 service and replacement parts offered are equivalent to the OEM components and replacement parts. The HEF Firefighting System requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service rep are authorized to work colleen.houser on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

2. Anticipated dollar value of the procurement: $111,225.00USD colleen.houser

I hereby certify that the above information is accurate and complete to the best of my knowledge and belief.

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Ship: requester signature required or

Shore: PPE signature required

_______________ Van Nguyen 757-469-8336 van.p.nguyen1@navy.mil 24 Jan 2017

Signature Name (Printed) Phone Email Date

Ship: Suppo signature required or

Shore: SPE/ASPE signature required

Signature Name (Printed) Phone Email Date

Contract Specialist:

Signature Name (Printed) Date

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

Legal Sufficiency Review: I have determined this justification is legally sufficient.

colleen.houser

Colleen Houser colleen.houser@navy.mil