23Q2283 JA.pdf

1 Ver 2.0 (01 July 2018)

Date: 10/17/2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2319522904033, ERP# 1301042032

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 SEA VALVES

a) the name of the required source or brand name

CRANE ChemPharma & Energy

b) the required delivery date/period of performance and

RDD: 02/01/2023

c) its intended use.

SEA VALVE REPLACEMENT FOR ROH/DD 15 YEAR ABS/COI

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

CRANE ChemPharma & Energy Valve Automation and Controls, Cage: 0YRW0

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

ON THE FOLLOWING (select all that apply):

A. __X___ BRAND NAME LIMITED 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.

CRANE ChemPharma & Energy owns the proprietary rights to the drawings of the valves.

CRANE ChemPharma & Energy will only sell to authorized distributors.

2 Ver 2.0 (01 July 2018)

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

CRANE ChemPharma & Energy

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

ii. Describe how it applies to the critical piece of equipment: ENSURES

THAT VESSEL EQUIPMENT IS MAINTAINED IN ACCORDANCE

WITH ORIGINAL EQUIPMENT MANUFACTURER (OEM)

RECOMMENDATIONS, MSC POLICY AND REGULATORY BODY

REQUIREMENTS. SEA VALVES PROVIDES SEAWATER TO THE

ENGINEERING PLANT THAT FEEDS CRITICAL SYSTEMS

THROUGHOUT THE ENTIRE VESSEL, E.G., FIREMAIN SYSTEM,

NAVIGATION SYSTEM AND PROPULSION PLANT. WITHOUT THE

EFFECTIVE ALIGNMENT AND ISOLATION OF THE SEA WATER

SYSTEM THE SHIPS PROPULSION, FIREFIGHTING CAPABILITIES

AND NAVIGATION SYSTEM WOULD NOT OPERATE PUTTING THE

VESSEL AT RISK IN VIOLATION OF THE ABS AND USCG

REGULATIONS.

b. X 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): CRANE ChemPharma & Energy

(30BG67731X, 24BG67731X, 04KG57731X, 04BG07731X, 06BG07731X,

08BG07731X, 12BG06431X, 16BG66431X, 02BG07731.

ii. Identify other vessels with this Make / Model:

THE ENTIRE TAKE CLASS SHIP; SHIP’S 1-14.

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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: CRANE ChemPharma & Energy (30BG67731X, 24BG67731X, 04KG57731X, 04BG07731X, 06BG07731X, 08BG07731X, 12BG06431X, 16BG66431X, 02BG07731.

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

SEA VALVES ARE NECESSARY FOR THE SAFE AND RELIABLE

OPERATION OF THE VESSEL AND FOR COMPLIANCE TO ABS

AND USCG REGULATIONS.

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. THE DESIGN OF THE

T-AKE SEA VALVES WAS DEVELOPED SPECIFICALLY FOR THE T-AKE CLASS;

ONLY APPROVED TECHNICAL REPRESENTATIVES AND PROVIDERS ARE

AUTHORIZED TO SERVICE THIS EQUIPMENT. OEM REPS HAVE ACCESS TO

PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS FROM THE ORIGINAL

MANUFACTURER AS REQUIRED BY USCG AND ABS CERTIFICATION FOR

MAINTENANCE.

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 PROCURMENT: