CAR MOR 23-0XX SS Vulkan CouplingsRedacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 05 SEP 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): CMLS N2979031524023. ERP 1301089912

PID: N32205-24-RFPREQ-DSM-PM8-0013

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

VULKAN (American Vulkan Group)

b) The required delivery date/period of performance and

01 Feb 2024

c) Its intended use.

Replacement of Shaft Couplings during Special Survey. All shafts will be removed during the availability.

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

VULKAN

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.

Vulkan is the OEM designer, integration, certification authority, and subject matter expert of the Shat

Couplings for the EPF Class. MSC does not have the manufacturer or technical information to properly evaluate non-OEM services or components. Additionally, MSC does not have the capability to determine equivalency of non-OEM services/components when compared to the OEM services/components. The authorized vendor has access to parts, software, technical data, and drawings required for the technical support and modernization of the systems.

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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: SMS 10.6.002-ALL

ii. Describe how is applies to the critical piece of equipment: Propulsion Drive

System (Shafting)

b. X 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):

a. Vulkan GMBH

b. Coupling/Hub #480090005M-A and #Taped Bushing 480210002M-A

ii. Identify other vessels with this Make / Model:

a. T-EPF 1-14

c. X 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:

a. Vulkan GMBH

b. Coupling/Hub #480090005M-A and #Taped Bushing 480210002M-A

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

a. Equipment must physically interface with existing piping and electrical connections. Equipment must seal properly to properly develop suction within the bilge pockets and void spaces to protect ship damage control capability.

d. _____ OTHER:

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 t he 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.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: