2179 OTFO redacted Cincinnati 5YR Inspection-ABS .pdf

1 Ver 2.0 (01 June 2018)

Date: 12 NOV 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2152403184008

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

Cincinnati Gearing Systems

b) the required delivery date/period of performance and

RDD 22 Mar 2021, POP of Avail Scheduled 15 Mar – 7 June 2021

c) its intended use.

Service order for tech reps to perform inspection/grooms of Port & STBD reduction Gears

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

CINCINNATI GEARINGS SYSTEMS INC., 5757 MARIEMONT AVENUE, CINCINNATI, OH 45227

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.

Cincinnati Gear is the OEM and has not authorized or provided technical information to any other manufacturer or technical service company.

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

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.

OEM has not authorized or provided technical information to any other manufacturer or technical service company.

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. ☐ 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: MSC SMS Procedure 10.6-002-AO

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): CINCINNATI GEARING SYSTEMS INC., Model # 26-0500-037000

ii. Identify other vessels with this Make / Model:

T-AO”s No. 187, 188, 189, 190, 194, 195, 196

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:

CINCINNATI GEARING SYSTEMS INC., Model # 26-0500-037000

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

The main reduction gears are critical ship equipment and any modification or alteration would result in ABS/USCG issues and result in a USCG -835 or loss of ABS class in which vessel would not be able to complete schedule mission and render vessel unable to move.

d. ☐ OTHER:

The OEM for Cincinnati Main Reduction Gears is Cincinnati Gearing Systems Inc. in

Cincinnati, OH. Proper refurbishment and maintenance of the existing equipment is critical to the safe operation of the John Ericsson T-AO 194. The OEM parts and Technical Data/Drawings from the Original Manufacturer are required by USCG and ABS regulations.

This maintains all OEM warranties, ensures power producing reliability and crew safety, therefore precluding consideration of the product manufactured by another company.

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM Service Engineers or Machining Processes are equivalent to the OEM Service Engineers or proper machining processes. The John Ericsson Cincinnati Reduction Gears require special tools, specialized repair parts and technical expertise unique to OEM Cincinnati Gearing Systems Inc. brand name, only approved OEM parts are authorized to be installed for this highly sophisticated equipment. All OEM repair parts and Service Engineers are in compliance with USCG and ABS IMO regulatory requirements.

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.)

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f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: $245,500.00

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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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

Date: 12 NOV 2020