Attachment III - Other than Full and Open Competition Memo_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 30 MAY 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N213773124142, ERP 1301083198

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

ROLLS ROYCE NAVAL MARINE (RRNM)

b) the required delivery date/period of performance and

30 SEP 2023 (POP OF SOR 1JUL2023 – 30SEP2023)

c) its intended use.

This requirement is for an OEM Facility to perform Propeller Blade Bolt Assembly Overhaul; inspect, perform cleaning prior to re-flashing, and re-flash previously used propeller bolts. Complete required work to restore all two hundred (200) propeller blade bolts to “A” Condition Code (OEM Manufacturer Refurnished to “like new” condition).

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

ROLLS ROYCE NAVAL MARINE (RRNM), 110 NORFOLK ST, WALPOLE, MA 508.734.1196

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.

Rolls-Royce is the OEM and has obtained the proprietary rights to data/drawing, updated repair procedures, specific trade information, rights to marketing, distribution, and corrective/preventative maintenance procedures associated with the T-AO 187 Class Controllable Pitch Propeller (CPP) System, which is not available outside of Rolls-Royce. In sum, the engineering, technical characteristics, construction drawings, manufacturing procedures, tolerances, and installation procedures for the systems/items manufactured parts are proprietary to Rolls-Royce. To date Rolls-Royce does not share proprietary data or authorize outside vendors/manufactures - making them the only known sources to provide these supplies and services. The Government did not, nor has interest at this time, to acquire proprietary rights in the above-described matters.

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

ROLLS ROYCE NAVAL MARINE ARE THE REGISTERED OWNERS OF 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.

To ensure that vessel equipment is repaired/maintained in accordance with regulatory body requirements, MSC Policy, and OEM recommendations.” as stated in SMS number 10.4- 001-ALL “Preventive Maintenance (PM)” and SMS Number 10.7-001-ALL “Corrective Maintenance”. Rolls-Royce provides proprietary technical data/drawings for these systems/parts as required by United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations and is the only authorized manufacturer and distributor of these OEM required supplies and services. As such, competition is not available and will be limited to Rolls-Royce, the respective OEM of the required services

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.)

ROLLS ROYCE NAVAL MARINE (RRNM)

3. OTHER REASON:

a. ☐ 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):

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ii. Identify other vessels with this Make / Model:

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: 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. T-AO PROPELLER

SYSTEM (AND THE CORRESPONDING SERVICING) REQUIRE SPECIAL TOOLS,

SPECIALIZED REPAIR PARTS, AND TECHNICAL EXPERTISE UNIQUE TO THESE

VESSELS, ONLY APPROVED OEM PARTS ARE AUTHORIZED TO BE INSTALLED

ON THIS HIGHLY SOPHISTICATED EQUIPMENT. THE OEM REP 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 USCG AND

ABS IMO REGULATORY REQUIREMENTS

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.)

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f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: $185,100

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

Level Higher (SUPPO / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date