BURLINGTON OtherThanFullandOpen.pdf

1 Ver 2.0 (01 July 2018)

Date: 03/19/2020

MEMORANDUM

From: USNS Burlington, Principal Port Engineer , Military Sealift Command To: Contracting Officer, Military Sealift Command

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS Burlington

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

Hiller Systems Inc. 1242 Executive Blvd. Chesapeake VA 23320

b) the required delivery date/period of performance and

14 - 21 June 2020; JEB Little Creek, Virginia Beach, VA USA

c) its intended use.

Testing of USNS Burlington High Expansion Foam System (HEF). Admiral Mewbourne has ordered the INSURV board to test and proof the USNS Burlington HEF System for Final Contract Trials. Problems on sister class vessels has been reported and a test and inspection is required on USNS Burlington by the installer, The Hiller Companies and supporting O.E.M. of the related components. To continue the required testing on USNS Burlington it is required that Hiller performs the testing to maintain continuity of variables. The HEF System is the primary fire protection system for the Engine Rooms and Mission Bay. Hiller has been performing the testing on JHSVs and their experience in performing the tests to continue root cause analysis of the problems is imperative.

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

Hiller Systems Inc. 1242 Executive Blvd. Chesapeake VA 23320

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

ON THE FOLLOWING (select all that apply):

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A. X Only one 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.

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. __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: ____SMS Number 10.6.002-All Lists the HEF Fire Fighting System as critical equipment. The JHSV Class Main Engine Rooms and Mission Bay is protected by this system. The vessel is carrying dangerous cargos. Machinery Space and Mission bay protection is essential to vessel and crew safety. There is a full vessel crew and embarked force onboard depending on this fire protection system.

b. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

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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:

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

d. __XX___ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The HEF Firefighting System requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

4. 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:

b. Required delivery date / Period of Performance:

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: _____________________________

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.)