A7 EMS-SSJ and UnC COMBO DOCUMENT REV A_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: April 23, 2022

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

Electronic Marine Systems “EMS”

b) The required delivery date/period of performance and

RDD- 05/04/2022 through 5/13/2022

c) Its intended use.

The intended use of this service/material being procured is to troubleshoot the EMS fuel console for the

USNS Rappahannock.

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

Electronic Marine Systems “EMS” 800800 Ferndale Place

1281 120th Avenue NE Rahway, NJ 07065 Phone: 732-382-4344

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

ON THE FOLLOWING (select all that apply):

A. _XX__ 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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EMS is the OEM for this refueling Console. As such, they possess the sole rights to the dimensional, material, and manufacturing details pertaining to all parts needed for this equipment.

Obtaining these part from another source is not possible. In addition the use of other than OEM parts would reduce the reliability of the equipment and could result in significant equipment damage or loss of life.

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.

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: 10.6-002-01-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):

ii. Identify other vessels with this Make / Model: T-AO Class

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.

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d. _____ OTHER:

4. _XX_ 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: February April 21 2022

b. Required delivery date / Period of Performance:

Guam RDD: 05/4/2022 through 5/13/2022

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: One week

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.)

The Propulsion System is crucial to the ships ability to propel and maneuver at levels critical to maintaining service to the fleet and ensuring the ship has the ability to react to unexpected change in circumstance. (i.e. inclement weather, sudden change in mission requirements, etc.). The failure of the control panel reduces the capabilities of the Ship’s

Propulsion System and can render the ship in incapable of independent maneuverability, thus becoming unable to perform the primary mission of providing underway replenishment services to the fleet, which will result in a CASREP. Lastly personnel safety is severely and could cause loss of life.

f. CASREP Number: C-2, 21008

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.

Requester Signature / Date