EMI MSL OTFOC Memo.pdf

1 Ver 2.0 (01 July 2018)

Date: 06/12/2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) MHE_SOR_MSCHQ_MSL 29-23002 EMI TESTING_20JUL24-30SEP24_N0003341644022_ERP 1301170884

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;

EMI Testing of CombiLift C12000ET

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

7/20/2024 – 09/30/2024

c) its intended use;

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

Dayton T. Brown Inc. (SAM CAGE- 96362) 1175 Church Street Bohemia, NY 11716

Phone: 631-589-6300 Fax: 1-631-589-3648

Business Development Manager: James May E-Mail: jmay@dtb.com

ISL-24-0869B

mailto:jmay@dtb.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. (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 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.

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b. STANDARDIZATION: Per MSCs standardization initiative, only the specified replacement items.

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. OTHER:

B. 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 requirements and why

Describe how market research or products lacking the particular feature do not meet, or cannot be

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: 10JUN2024

2. . Required delivery date / Period of Performance: 20JUL-30SEP2024

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement. Delay due to coordination between vendor and NSWC Dahlgren SME to ensure that scope of work was executable

3. Estimated production lead time: Approx 60 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 condition. EMI Testing is required to provide shipboard-approval determination. EMI baseline testing is paramount to address any electromagnetic shortcomings of the subject forklift to determine shipboard approval viability. Further delay exacerbates the final delivery of approved trucks to the fleet.

Vendor has facility availability, experience with Navy EMI testing, is able to meet timeline and coordination requirements with NSWC Dahlgren, and is a registered SAM.gov entity.

EMI Testing is delaying the rest of the First Article Testing of the machine to replace the aged and failing fleet Missile Side Loaders. Continued delay in first article testing of the next generation Missile Side Loader (MSL) will incur additional operational risk as the existing MSL assets are no longer serviceable and are experiencing increasing failures and loss of operational availability.

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5. CASREP Number: