A7 Sole Source Memo_Redacted.pdf

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Date: 27 Aug 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS CARSON CITY (EPF-7) FY 2024

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

Hose McCann Communications

b) the required delivery date/period of performance and

30 September 2024

c) its intended use.

The requested are part of the Loud Hailer and Speaker system installed on board the EPF Class manufactured by Hose McCann Communications. This system is for general and emrgant announcement through out the ship. The details in manufacturing are provided on drawing number MSC Drawing No. 8443187 Interface Control Document: JHSV Interior Voice Communication System. The need for Hose McCann Communications to manufacture and deliver these materils to maintain the announcement system onboard.

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

Hose McCann Communications

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):

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1. _XX_ 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.

The requested are part of the Loud Hailer and Speaker system installed on board the EPF Class manufactured by Hose McCann Communications. This system is for general and emrgant announcement through out the ship. The details in manufacturing are provided on drawing number MSC Drawing No. 8443187 Interface Control Document: JHSV Interior Voice Communication System. The need for Hose McCann Communications to manufacture and deliver these materils to maintain the announcement system onboard. Restrictive rights include access to business sensitive technical manuals, drawings and the ability to procure parts directly from the O.E.M.

b.

NAVSEA Drawing No. 8443168 MSC Drawing No. 8444221 MSC Drawing No. 8443187

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.

_____ No other company makes the speakers and Loudhailer and we would have to provide proprietary information in the salient characteristics in order to have another company provide a bid.

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.)

c.

Hose McCann Caoomunications 1241 West Newpoort Center Drive Deerfield Beach, Florida 33442 954-429-1110

3. __XX__ OTHER REASON:

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The OEM for the Loud Hailer and Speaker System is Hose McCann Communications and is the only known OEM with the required knowledge, experience, and proprietary information authorized to supply spare parts for the equipment installed on EPF Class.Hose McCann Communications holds all proprietary rights to the drawings and patterns essential for repair of the speaker system onboard . This maintains all OEM warranties, ensures reliability, and crew safety.

C. ______ 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:

1.. Date on which the requirement was identified:

2.. Required delivery date / Period of Performance:

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

3. Estimated production lead time:

4. 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.)

5. CASREP Number:

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.

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