24Q0003 SSJ.pdf

1 Ver 2.0 (01 July 2018)

Date: 15 August 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS WALLY SCHIRRA TAKE 8 PR Number(s): N23198-XXXX-XXXX

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

DON JOHNS ENGINEERING

b) the required delivery date/period of performance and

RDD 09.30.2023 / POP 31 August 2023 to 30 September 2023

c) its intended use.

REQUIRED TO REFURBISH EIGHT (8) FIRE SUPPRESSION SYSTEM DAMPER CONTROL

ACTUATORS

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

DON JOHNS ENGINEERING

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

ON THE FOLLOWING (select all that apply):

A. __X___ BRAND 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.

DON JOHNS ENGINEERING IS THE OEM FOR THE FIRE SUPPRESSION SYSTEM DAMPER CONTROL

ACTUATORS. THERE IS NO OTHER MANUFACTURE OF THIS MATERIAL.

2 Ver 2.0 (01 July 2018) b.

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: SMS LISTS ALL THE

FIRE SUPPRESSION SYSTEM DAMPER CONTROL ACTUATORS

EQUPMENTS ARE CRITICAL EQUIPMENTS. FAILURE OF ONE FIRE

SUPPRESSION SYSTEM DAMPER CONTROL ACTUATOR WILL FORCE THE

SHIP TO REDUCE/LIMITED THEIR CAPABILITIES FOR A SAFE FIRE

SUPPRESSION SYSTEM. THE LOSS OF TWO OR MORE OF THE FIRE

SUPPRESSION SYSTEM EQUIPMENTS WILL PUT THE SHIP IN A C-4

STATUS, THUS BECOMING UNABLE TO PERFORM THE PRIMARY MISSION

OF PROVIDING UNDERWAY REPLENISHMENT SERVICES TO THE FLEET,

WHICH WILL RESULT IN A CASREP. THE REDUCTION OF FIRE

SUPPRESSION CAPABILITIES CAN ALSO POSE A HAZARD TO THE CREW,

DUE TO LIMITED SHIP MANEUVERABILITY. PROPER REFURBISHMENT

AND MAINTENANCE OF DECK WINDLASS EQUIPMENTS ARE CRITICAL TO

THE SAFE OPERATIONS OF T-AKE VESSEL.

b. ___X_ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the replacement items.

i. Identify Make / Model Number(s): DON JOHNS ENGINEERING

ii. Identify other vessels with this Make / Model: SURE49-5-CCW

THE ENTIRE TAKE CLASS SHIPS 1-14.

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:

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

d. X OTHER: Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): 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 FIRE SUPPRESSION SYSTEM CONTROL

ACTUATORS ARE REQUIRED FOR OPERATION IN ORDER TO FULFILL ITS PRIMARY

3 Ver 2.0 (01 July 2018)

MISSION TO ALLIED WAR FIGHTING SHIPS IN THE THEATER OF OPERATION. THE

FAILURE OF THESE UNITS

CAPABILITIES OF SERVICE.

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: C2-23031 M11 AMR ACTUATOR, C2-23020 M4 MMR ACTUATOR, and C2- 22021 M1 MMR FAN DEGRADED Apply.

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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.

Contracting Officer / Date