Attachment I- Other than full and open competition-redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 04/19/2024

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 provide Bow Thruster repair parts.

a) the name of the required source or brand name

KONGSBERG Marine North America

b) the required delivery date/period of performance and

09/30/2024

c) its intended use.

Parts are required to repair the existing bow thruster onboard the ship.

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

KONGSBERG Marine North America

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

ON THE FOLLOWING (select all that apply):

A. __X___ 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.

Dwg #47135-E Bow Thruster Model TT2200 I FP is a proprietary drawing from KONGSBERG and is available to authorized Original Equipment Manufacturer (OEM) Reps only.

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

KONGSBERG Marine North America

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

b. __X___ 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 KONGSBERG Model Number Model TT2200 I FP Bow Thruster

ii. Identify other vessels with this Make / Model:

ALL T-AKE CLASS SHIPS

c. __X___ 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:

KONGSBERG Marine North America/ TT2200 I FP Bow Thruster

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

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Parts are integral to bow thruster. Other parts will not fit: The KONGSBERG bow thruster was specifically designed for the T-AKE Class to work in conjunction with the KONGSBERG Steering System.

These units have specific internal tolerances and specific parts to produce the hydraulic pressures necessary to rotate the shorthorn rudder in a varying range of dynamic forces exerted on the rudder via propeller wash to accurately steer the ship through the water.

d. __X___ OTHER:

KONGSBERG is the OEM of the Bow Thruster Model TT2200 I FP. Deviations from OEM repair parts could result in personal injury or equipment failure and damage to the ships bulus bow structure. OEM repair parts are required to meet regulatory requirements of ABS and the US Coast Guard for crew safety and to reduce the chances of a loss of ships steering during strict maneuvering evolutions. The OEM owns all proprietary rights to drawings and parts.

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.)