Bergen SSJ Non-dla 10K Parts-Signed Cyl Heads - FE2_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: February 24, 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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. Procurement of Ship Service Diesel Generator Engine OEM defined repair parts manufactured by

Ulstein Bergen A/S, Norway. Ulstein Bergen is now owned by Kongsberg Maritime. Prior to award, Contractor shall provide to MSC Contracting Officer documentation that all parts being provided are new OEM defined repair parts. These parts are required for overhaul of the Ship Service Diesel Generator Engine (Model KVGB-16) onboard T-AO Vessels

a) the name of the required source or brand name

Kongsberg Maritime

145 JAMES DRIVE EAST ST

ROSE, LA 70087

POC: Dennis Brennan

PH#: 504-303-5248

Email: Dennis.Brennan@km.kongsberg.com

b) the required delivery date/period of performance and

RDD: July 29, 2022. POP 8/29/2022-11/06/2022

c) its intended use.

The repair parts are required for the overhaul of the Ship Service Diesel Generator (SSDG) engine.

The SSDG Engine are critical equipment integral to generation of power aboard the TAO vessels and essential to the mission of the T-AO vessels.

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

Kongsberg Maritime

145 JAMES DRIVE EAST ST

ROSE, LA 70087

POC: Dennis Brennan

PH#: 504-303-5248

2 Ver 2.0 (01 July 2018)

Email: Dennis.Brennan@km.kongsberg.com

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.

Ulstein Bergen (now owned by Kongsberg Maritime) is the OEM for the Ships Service Diesel Generators. The drawings, process and data necessary to manufacture these repair parts is proprietary to Kongsberg. Repair and replacement parts are required to be OEM parts. No other manufacturer will serve the required repair needs and to procure from other than OEM could be catastrophic to the equipment and ultimately limit mission capability.

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

Ulstein Bergen (now owned by Kongsberg Maritime).

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. _____ 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): Bergen / KVGB-16