Fassmer JA_Redacted.pdf

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Date: 9 FEB 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N

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

FASSMER SERVICE AMERICA (LLC)

b) the required delivery date/period of performance and

4 JULY 2023 (2023 MTA POP 11 SEPT � 30 NOV 2023)

c) its intended use.

WI 0651 LIFE BOAT PARTS REPLACEMNT

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

FASSMER SERVICE AMERICA LLC, 3650 NW 15TH STREET, LAUDERHILL FL 33311, 954.314.9161

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

ON THE FOLLOWING (select all that apply):

A. 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.

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a. Explain what is subject to the restrictive rights.

FASSMER SERVICE AMERICA AND THEIR SUPPLIER OWNS AND MAINTAINS

EXCLUSIVE RIGHTS TO THEIR MATERIALS

b. If drawings are included, who is identified as �owning� the drawings.

FASSMER SERVICE AMERICA LLC

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.

FASSMER SERVICE AMERICA LLC (AND SUPPLIER) IS FOR THE LIFE BOATS

WHICH ARE INSPECTED DURING USCG COI AND ABS SURVEYS

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.)

FASSMER SERVICE AMERICA LLC (AND SUPPLIER)

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.

i. SMS Procedure Number: 10.6-002-AO IDENTIFICATION OF CRIT EQPT

b. 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): LIFEBOAT MDL CL-T 9.4 (FASSMER)

ii. Identify other vessels with this Make / Model:

THIRTEEN (13) T-AO�S

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.

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i. Identify Make / Model of existing equipment:

FASSMER LIFEBOAT MDL CL-T 9.4

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

AS THESE ARE THE CERTIFIED LIFE BOATS FOR THE VESSEL, ITEM IS INSPECTED

FOR INITIAL INSTALLATION AND TO VERIFY COMPLIANT WITH CURRENT USCG AND

SOLAS REQUIREMENTS

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 the requirement.

d. Estimated production lead time: 16 WEEKS ARO

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:

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