21Q2651 SSJ Redacted.pdf

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Date: __7/13/21___

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ____1300943518____

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

____Clayton Industries_________________________________________________________

b) the required delivery date/period of performance and

____Need by 12/15/2021_______________________________________________________

c) its intended use.

___Boiler parts_________________________________________________________________

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

Clayton Industries_____________________________________________________________

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

a. Explain what is subject to the restrictive rights.

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CLAYTON BOILERS ONLY SELL PARTS FOR THEIR BOILERS. THERE ARE NO

AUTHORIZED THIRD PARTY VENDORS THAT SELL THE OEM PARTS.

b.

o CLAYTON INDUSTRIES ARE THE REGISTERED OWNERS OF THE DRAWINGS. The OEM will only sell repair parts to an OEM authorized rep. This maintains all OEM warranties, ensures reliability, and crew safety.

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. _____ 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: ___________________________

b. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s): ___________________

ii. Identify other vessels with this Make / Model:

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.

i. Identify Make / Model of existing equipment:

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

d. __X__ OTHER:

MSC DOES NOT HAVE MANUFACTURING AND TECHNICAL INFORMATION REQUIRED TO EVALUATE

AND DETERMINE WHETHER NON-OEM COMPONENTS AND REPLACEMENT PARTS OFFERED ARE

EQUIVALENT TO THE OEM COMPONENTS AND REPLACEMENT PARTS. T-AO ENGINES REQUIRE SPECIAL TOOLS, SPECIALIZED REPAIR PARTS, AND TECHNICAL EXPERTISE UNIQUE TO THESE ENGINES, ONLY

APPROVED OEM PARTS ARE AUTHORIZED TO BE INSTALLED ON THIS HIGHLY SOPHISTICATED

EQUIPMENT. THE OEM REP HAS ACCESS TO PROVIDE PARTS AND TECHNICAL DATA/DRAWINGS FROM

THE ORIGINAL MANUFACTURER, AS REQUIRED TO PROPERLY REPAIR AND MAINTAIN THE

EQUIPMENT. ALL OEM REPAIR PARTS 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 t he 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 PROCURMENT: _____$86,066_______________

ANTICIPATED DOLLAR VALUE OF PROCURMENT: _____$86,066_______________