A7 Sole Source Rescue Boat and Davit Inspect.pdf

1 Ver 2.0 (01 July 2018)

Date:01MAY2025_________________

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a)PR Number(s): N26789__________________________________________

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 Inspect, Service, Repair, Layup Fast Rescue Boat and Davit per Casrep C4 25-008. The and the Period of Performance, WI0643 15-30MAY25, WI0642 10-30JUN25

a) the name of the required source or brand name

Palfinger Marine, Lawerance Omara /705 Mt. Vernon, Portsmouth, VA 23707

757-399-1633/ L.Omara@palfinger.com

b) the required delivery date/period of performance and

WI0643 15-30MAY25, WI0642 10-30JUN25

c) its intended use.

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

Palfinger Marine, Lawerance Omara /705 Mt. Vernon, Portsmouth, VA 23707 757-399-1633/ L.Omara@palfinger.com

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

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a. Explain what is subject to the restrictive rights.

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

2. __XX___ 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.

This would require specific knowledge and background to be able to Troubleshoot and Repair Fast Rescue Boat and Davit as describe in the service order.

“IAW COMSCINS 4490.1, all critical ship systems or equipment requires OEM parts and services. Navy is unable to determine whether the non-OEM part is a true functional equivalent of the OEM part or appropriate engineering studies have not been accomplished to confirm the effect, if any, of incorporating the non-OEM part in the critical system in which it is required.”

The ship’s Fast Rescue Boat Davit is designed and manufactured by Palfinger and is in possession of all proprietary information on the Davit and Rescue Boat and has exclusive access to all parts and technical information that is required to effect inspection, service and repair.

The boat Davit is a critical component of the Fast Rescue Boat and the major equipment of the ship Marine Evacuation System and Man Overboard Rescue Operation. The critical nature of this equipment is that any failure would jeopardize ship’s and personal safety, jeopardize the ship’s operational commitment, and not to be able fulfill its function/mission. The said services of the Authorized OEM Representatives are required because they possesses the required skills and expertise necessary to precisely conduct inspection, replacement and testing of the engine.

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. _____ OTHER REASON:

a. __XX___ 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, 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:

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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. _____ 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: ______________________________

28APR25

b. Required delivery date / Period of Performance: _____________________________

15-30MAY & 10-30JUN25

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.)

The Fast Rescue boat and Davit is a critical component of the Fast Rescue Boat and the major equipment of the ship Marine Evacuation System and Man Overboard Rescue Operation. The critical nature of this equipment is that any failure would jeopardize ship’s and personal safety, jeopardize the ship’s operational commitment, and not to be able fulfill its function/mission. The said services of the Authorized OEM Representatives are required because they possesses the required skills and expertise necessary to precisely conduct inspection, replacement and testing of the engine.

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 work item listed in this form requires special tools, specialized repair parts, and technical expertise unique to this equipment; only approved OEM parts are authorized to be installed on this highly sophisticated equipment. The OEM Representative 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 United States Coast Guard (USCG) and ABS International Maritime Organization (IMO) regulatory requirements.

In accordance with FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, the contractor listed above as the only source capable of accomplishing this requirement during the Voyage Repair. They are the original designer, developer and manufacturer, and the