20Q2306 Sole Source Memo Redacted.pdf

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Date: 28 JULY 2020__

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

_Carrier Marine________________________________________________________

b) the required delivery date/period of performance and

_POP: 10 AUG 30 SEP 2020_______________________________________________

c) its intended use.

_Chilled Water Unit inspection and Repair___________________________________

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

Carrier Marine Marine.service@carrier.com

Omega Marine POC: John Ayers Phone: (757) 469-1117 Email: J.Ayers@omegamarineindustries.com

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.

b. If drawings are included,

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.

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.)

3. __X_ OTHER REASON:

a. __X__ 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: _10.6-002-ALL______________

b. ___ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified additional units or replacement items.

i. Identify Make / Model Number(s):

_Baldor Reliance, _____________________________

ii. Identify other vessels with this Make / Model:

c. __X__ 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.

i. Identify Make / Model of existing equipment:

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Carrier Marine model no. 30HXS-146R-6-KA

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

The replacement materials required for repair of the chilled water unit must be compatible with the existing system.

d. __X_ OTHER:

The chilled water units are used to provide cooling to the HVAC system as well as the machinery and equipment cooling sytem. Failure of the chilled water units would render the ship uninhabitable and could damage the ship s communication and navigation equipment.

4. __X___ 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: 22 JULY 2020

b. Required delivery date / Period of Performance: 10 AUG 30 SEP 2020

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

The inspection and repair of the chiller units was determined to no be covered under ship builder warranty on 22 July 2020. POP set to provide sufficient time to award the contract and submit a ROM waiver for the contractor.

d. Estimated production lead time: N/A

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.)

Chilled water unit #1 is currently inoperational resulting in loss of redundancy. Failure of the second unit could lead to equipment damage and would render the ship uninhabitable. Additionally, PUERTO RICO s Final Contract Trials are scheduled for mid-September. The chilled water units are expected to be fully operational for demonstration to INSURV for Navy acceptance.

f. CASREP Number: 20-028

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: __ ___________

V. CERTIFICATIONS AND APPROVALS:

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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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date