2021 GRUMMAN MSD RF-2000-FP TREATMENT TANK SSJ_Redacted.pdf

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Date: 25 AUG 2020

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2152502384001

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

REDFOX ENVIRONMENTAL SERVICES INC.

b) the required delivery date/period of performance and

18 NOV 2020 / POP 20 JAN 2021 through 5 APR 2021

c) its intended use.

2021 GRUMMAN ROH WI 0501 MSD TREATMENT TANK RENEWAL

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

REDFOX ENVIRONMENTAL SERVICES INC.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. Only one responsible source (select all that apply):

1. RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

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a. Explain what is subject to the restrictive rights.

OEM CONTRACTOR HAS THE RIGHTS TO THE TREATMENT TANK ENCLOSURE,

TO INCLUDE INTERNAL BAFFLES/CHAMBERS, AND ALL HOOK UP COMPONENTS.

b. If drawings are included, who is identified as “owning” the drawings.

REDFOX ENVIRONMENTAL SERVICES, INC (NOT AVAILABLE TO MSC)

2. EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

BRAND REDFOX ENVIRONMENTAL INC HAS THE USCG/ABS APPROVED SYSTEM

AND THEY VARIOUS AUTHORIZED VENDORS TO SERVICE THE EQUIPMENT.

b. Identify the distributor / authorized technical representative for the item or service.

Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

PART BRAND NAME: REDFOX ENVIRONMENTAL SERVICES, INC.

3. OTHER REASON:

a. CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: SMS PROCEDURE 10.6-002-AO/ALL

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): REDFOX RF-2000 M MSD SYSTEM

ii. Identify other vessels with this Make / Model:

ALL (15) T-AO’S

c. FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

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i. Identify Make / Model of existing equipment:

REDFOX RF-2000 M MSD SYSTEM (TANK RF-2000-FP)

ii. Describe how the equipment must be compatible with the existing configuration.

REPLACEMENT OF THE CRITICAL SHIP EQUIPMENT MUST BE DONE WITH

USCG/ABS APPROVED EQUIPMENT. USE OF NON-OEM COMPONENTS WILL

REQUIRE ENGINEERING SERVICES AND COMPLETE SYSTEM APPROVAL.

d. OTHER:

THE MSD SYSTEM IS USCG/ABS REGULATORY APPROVED SHIP CRITICAL

EQUIPMENT AND IS REQUIRED TO BE FUNCTIONING AND APPROVED BY

REGULATORY BODIES FOR VESSEL TO COMPLETE IT’S MISSION. USE OF NON-

OEM COMPONENTS WOULD REQUIRE ENGINEERING SERVICES TO BE

ARRANGED TO PROVE SYSTEM FUNCTIONS AND WOULD REQUIRE APPROVAL

OF USCG/ABS BEFORE VESSEL COULD PERFORM MISSION WHICH WOULD

RESULT IN IMMENSE COST AND VESSEL SHIPYARD POP TO BE EXTENDED

(ASSUMING USCG/ABS WOULD EVENTUALLY APPROVE A CRITICAL SHIP

SYSTEM MODIFIED WITH NON-OEM COMPONENTS).

4. UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified:

b. Required delivery date / Period of Performance:

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time:

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT:

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V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.