Brand Name Limited Source Doc - Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: _18 FEB 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS MATTHEW PERRY T-AKE 9, PR Number(s): N2319903184003

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;

MHE SERVICES (MAINTENANCE and REPAIRS) FOR CERTIFICATIONS AND WEIGHT

TESTING IN SUPPORT OF USNS MATTHEW PERRY WHILE LOCATED IN PORTLAND,

OREGON (C3F AOR).

b) the required delivery date/period of performance;

POP: 30 MAR 2021- 17 MAy 2021

c) its intended use;

SAFETY RE-CERTIFICATION OF USNS MATTHEW PERRY MATERIAL HANDLING

EQUIPMENT (MHE) ASSETS.

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

**Authorized Service Representative(s):

Techincal Support Specialists and Consultation (TSS&C) 36721 North 25th Street Cave Creek, Arizona 85331 Tel: (619) 733-6700 POC: Scott Stearne Email: stearnelby24@hotmail.com mailto:stearnelby24@hotmail.com

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

BASED ON THE FOLLOWING (select all that apply):

A. __X__ “BRAND NAME” (LIMITED) 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.

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. __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: __ 7.6-001.ALL__

ii. MHE is required for MSC vessels to perform Combat Logistics Force (CLF) missions. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels.

iii. This requirement is for a know service provider thoroughly familiar with the repair and maintenance of Hyster MHE and experience to read Hyster diagnostic software codes. Hyster software which allows for the diagnosis of equipment issues, software provides equipment faults allowing the repair activity to properly identify and conduct the necessary repairs. Without these codes the equipment can not be properly maintained which would cause the ship to not be able to execute its mission.

iv. Hyster is the manufacturer which has access to business sensitive technical manuals, drawings, and software proprietary rights.

b. _____ STANDARDIZATION: 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:

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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. __X__ OTHER:

This service requirement is tied to USNS MATTHEW PERRY availability in Portland, Oregon. The requirement is for fly-in/onboard service (OEM provider) because of the COVID-19 pandemic and cost of transportation taking into account we would need twenty plus 18 wheeler semis to transport a large amount of forklifts and Missile Side Loader. Flying in the service team mitigates exposure to COVID-19, will save MSC transportation costs of approx. $40,000.00, and allows the Contractor to complete the service onboard and in time to facilitate completion of shipyard availability. This allows USNS MATTHEW PERRY to get underway with a full complement of operational certified MHE.

There are limited sources capable of providing MHE certification off the ship at contractor’s facility but as stated above just the off-load/on-load of this amount of equipment would take weeks and transportation cost, this fly-in/onboard service would allow service provider to complete the MHE certification, save funding on both transportation and person-hours of ships force.

The desire is for OEM service providers due to hyster ‘s proprietary rights to the CP Service Tool software which allows for the diagnosis of equipment issues, hyster has confirmed other service providers are able to perform the maintenance on the hyster equipment owned by MSC. TECHNICAL SUPPORT SPECIALISTS AND CONSULTATION (TSS&C) is an OEM service provider and is both capable and able to complete the fly-in/onboard service on board the MSC vessel in the allotted POP window. TSS&C has access to replacement parts, software, and technical data/drawings required for properly maintaining the equipment to provide technical support for routine/annual inspections.

B. __X___ Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

The use of OEM materials in the servicing of the MHE is paramount in maintaining the integrity of the the onboard MHE equipment. The MHE is critical in the completion of the ships CLF mission. The use of aftermarket parts cannot be verified not validated to ensure compliance with OEM specifications and certifications. OEM parts/software include Hyster, Enersys, Genie, and Yuasada-Exide, Inc. Hyster in particular owns a Class IV-V warranty that covers the installation of its OEM parts and does not cover service that uses Non OEM materials inthe event of equipmant failure. Failure to use OEM materials in servicing the onboard MHE could result in catastrophic mechanical failure causing damage to the equipment itself, the ship, loss of cargo, personal injury, or death.

C. ___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:

1. Date on which the requirement was identified: 4 Feb 2021

2. Required delivery date / Period of Performance: POP 30 Mar 2021 -17 May 2021 / Required Award Date: 5 Mar 2021

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If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

The original Mid-term Availability (MTA) was awarded on 19 November 2020. N7 was the requiring code for this requirement and N104 wrote the award. N44 was never apprised of the period of performance of performance (PoP) of 18 Jan - 9 Mar 2021. N44 established the PoP for this original for this MHE requirement as 16 Feb - 4 Apr 2021 but funding was unavailable to support. Due to the fluidity of the ships mission, the MTA was shifted to 30 Mar - 18 May 2021. Once again, N44 was never apprised of the PoP.

The expectation was the PoP was going to be late May or Early June 2021. Once apprised of the firm PoP on 18 Feb 2021, the required funding was requested and the requirement was set in motion with a short-fused award date.

3. Estimated production lead time: ___25-30 Days___________________________

4. 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.)

Awarding as immediate as practicable will allow the vendor ample opportunity to procure and stage the materials to be ready to start as soon as the MTA begins. MTA availabilities are short in nature and these MHE assets must be certified prior to the completion of the availability. Failure to do so jeopardized the ships mission. An immediate award and immediate start date mitigates risk of an unforeseen conditions found report that might delay completion of the required service as these assets are nearing their end of service life. Should that happen, it will allow ample time for the Government to take remediation action to effect additional repairs or replace that asset with one from the pool from LP-26.

5. CASREP Number: __________N/A_______________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: