Beta.SAM Memo_Redacted.pdf

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Date: 4/17/2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N322050108N7Z1

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

Caterpillar Rental Generators

b) The required delivery date/period of performance and

Base - April 20, 2020- May 20, 2020 - To include Sections 7.1-7.6 and 7.8.

Option 1: May 21, 2020 – June 20, 2020- Monthly extension for Sections 7.1-7.3 and 7.8.

Option 2: June 21, 2020 – July 20, 2020- Monthly extension for Sections 7.1-7.3 and 7.8.

Option 3: July 21, 2020 – August 20, 2020- Monthly extension for Sections 7.1-7.3 and 7.8.

Option 4: August 21, 2020 – September 30, 2020 Extension for Sections 7.1-7.3 and 7.8.

Option 5: TBD at time of activation for Section 7.7.

c) Its intended use.

Military Sealift Command is looking to rent one portable generator sets installed in 40 foot ISO containers for power augmentation of the USNS Comfort in New York City, NY.

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

H.O. Penn Machinery Company, Inc. 20 Platinum Court, Medford, NY 11763 Eric Santiago | Power Systems Division – Sales Engineer | Cell 646-793-1114 |

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):

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1. _____ 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.

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

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. _____ 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: 10.6-002-01-ATF, QMS N0750-100.00-AQ

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): _Pro Face Beach Panel control

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.

_______Repair monitors when repaired must be ready for immediate use and capable of easy on deck swap out with minimal programing and adjustment. Monitors must be clear and project all input data without distortion and must meet and or exceed the USCG requirements for remote monitoring of engine parameters. ______________________________________________________________

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d. _____ OTHER:

4. __X___ 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 4/17/2020

b. Required delivery date / Period of Performance:

4/24/2020

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: _48 hours_____________________________

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.)

USNS COMFORT is emergently deployed in support of FEMA response to the COVID 19 pandemic in New York City. The assigned pier in New York does not have shore power facilities to support USNS COMFORT. The critical nature of the mission with Civilians being treated with life support systems on board makes it imperative that the ships power be maintained with the highest degree of reliability. The rental generator will provide the same level of redundancy as the shore power connection as well as being capable of augmenting the ships generators in the event of mechanical failure of one of the ships generators.

The Caterpillar XQ2000 Containerized Generator is known to have the exact characteristics required for the mission, and is the only unit that is service proven to meet this mission requirement when one such unit was used in support of the Haiti Earthquake mission in 2014 onboard USNS COMFORT. Ships Crew and N7 technical staff are familiar with the operation and integration of these units to the ship’s power system. Experimenting with a different design could put civilian patients’ lives at risk.

Due to the pandemic, rental generators are in short supply and the above vendor has verified that a XQ2000 and suitable technician support is available at this time in the local area.

Additionally, Caterpillar has an extensive network of service technicians and parts support across the country that will be of great benefit in the likely event the USNS COMFORT is required to emergently shift pandemic support to another city.

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f. CASREP Number: ___NA______________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: __

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