Attachment III - Use of Other than Full and Open for SAT Batch3 (Redacted).pdf

1 Ver 2.0 (01 July 2018)

Date: _September 20, 2023___

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ___1301113950_____________________________________

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

Trident Maritime Systems, INC CAGE CODE 7DZK0____________________________________

b) the required delivery date/period of performance and

__RDD: 23 October 2023, POP: 23 October 2023 – 19 January 2024_______________________

c) its intended use.

__MCCS Updates as part of various TRANSALT packages. These work packages concern the Service Air Agmentation, the UPS Emergency Source of Power, the Air System Instrumentation and Monitoring, Refrigerant Leak Detection, and Main Shaft STL Device Remote Control. In each of these work packages MCCS programming and/or mimic screen updates are required.____________

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

Trident Maritime Systems, INC CAGE CODE 7DZK0____________________________________

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.

2 Ver 2.0 (01 July 2018)

a. Explain what is subject to the restrictive rights.

_Trident has proprietary rights to the MCCS software. Trident was the installer for the original equipment and they have not certified other companies to work on the system.__

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

__N/A ___________________________________________________________

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.

_Trident is the OEM for the programming that needs to be updated. They have not authorized any additional companies to work on the MCCS system._______________________

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.)

_N/A____________________________________________________________

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, 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:

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: