Brand Name Redacted USNS CITY OF BISMARCK MHE.docx

Date: _20 JAN 2022_

MEMORANDUM

Ref: (a) USNS CITY OF BISMARCK T-EPF 9, PR Number(s): 1300984493

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 CITY OF BISMARCK LOCATED IN THE C3F AOR, Mare Island, Vellejo, CA.

b) the required delivery date/period of performance, and;

POP: 19 APR 2022 – 17 JUN 2022.

c) its intended use;

SAFETY RE-CERTIFICATION OF USNS CITY OF BISMARCK 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):

PAPE MATERIAL HANDLING INC.

210 MASON CIR.

CONCORD CA. 94520

707-333-9241 POC: Dianna Texter Email: dtexter@papemh.com

TECHNICAL SUPPORT SPECIALIST

36721 NORFTH 25TH ST.

CAVE CREEK AZ. 85331

619-733-6700

POC: SCOTT STEARNE

Email: stearnelby24@hotmail.com

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

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

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 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 known service providers, TECHNICAL SUPPORT SPECIALISTS AND CONSULTATION and PAPE MATERIAL HANDLING, INC. SOW requires a technician to be thoroughly familiar with the repair and maintenance of LIFTKING MHE.

iv. LIFTKING 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:

i. Identify Make / Model of existing equipment:

ii. Describe how the equipment must be compatible with the existing configuration.

d. __X__ OTHER:

B. ___X__ Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

This service requirement is tied to availability on USNS CITY OF BISMARCK in San Diego CA. TECHNICAL SUPPORT SPECIALISTS AND CONSULTATION (TSS&C) and PAPE MATERIAL HANDLING, INC Concord CA. are OEM service providesr and are both capable and able to complete this service in the allotted POP window. TSS&C and PAPE hava access to replacement parts, software, and technical data/drawings required for properly maintaining the equipment to provide technical support for routine/annual inspections. This will allow USNS CITY OF BISMARCK to get underway with a full complement of operational certified MHE.

Material Handling Equipment (MHE – Forklifts) are used daily to move supplies (stores), used at UNREP stations, and AMMO movements. If MHE is not Safety Certified for shipboard use, the ships overall mission would be at a work stoppage until Safety Certification is completed. Forklifts need to be Safety certified (Brakes/Lift Cylinders/EMI-sparks/Grounding strap ect..) to prevent Serious injured or death to personal and damage to ship/government property

C. _____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:

3. Estimated production lead time:

5. CASREP Number: _________________________________________

4 Ver 2.0 (01 July 2018)