A7 Use of Other than Full and Open for SAT_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 25JAN2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301120804

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

General Dynamic Mission Systems

b) the required delivery date/period of performance and

1JAN2024-30SEP2024

c) its intended use.

Video Monitoring System Upgrade

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

General Dynamics Mission Systems

Shelby Therrien 413-3294299 100 Plastics Ave Pittsfuekd, MA 01201

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. ___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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General Dynamics Mission Systems is the OEM designer, integration, certification authority, and subject matter expert of multiple integrated systems for the Joint High Speed Vessel (EPF) program. Specifically, the JHSV Ship Computing Environment (JCSE), JHSV Remote Surveillance System (JRSS), JHSV Interior Voice Communication System (JIVCS), JHSV Entertainment & Training System (JETS), and the JHSV Wireless Internal Voice Communication System (JWICS).

b.

GDMS

2. ___X__ 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.

MSC does not have the manufacturer or technical information to properly evaluate non-OEM services or components. Additionally, MSC does not have the capability to determine equivalency of non-OEM services/components when compared to the OEM services/components. The JRSS system requires special proprietary software for the full functionality of the ship's CCTV surveillance system. The required technical expertise unique to these electronic components resides with 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

b. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, 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. _____ 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 t he 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: BWK-21-043

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT