FULL AND OPEN-(SOLE SOURCE).pdf

1 Ver 2.0 (01 July 2018)

Date: 13Sep2023

MEMORANDUM

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

SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) MSC NORFOLK, PR Number(s): N3220532564161

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;

PROCUREMENT OF INERT BATTERIES EQUIVALENT TO:

1EA- EAST PENN DEKA BATTERY MODEL 12-G105-13EE IST3D75

1EA- EAST PENN DEKA BATTERY MODEL 18-G75-21EE IST6F72

1EA- EAST PENN DEKA BATTERY MODEL 18-G75-27EE IST6H51

1EA- EAST PENN DEKA BATTERY MODEL 36-G105-9EE IST8178

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

RDD is 10 WEEKS ARO (NLT 20 DEC 2023).

c) its intended use;

INERT ASSETS REQUIRED TO BE PROVIDED AS GFM FOR MATERIAL PACKAGE

REQUIREMENTS TESTING THROUGH ARMY TRANSPORTATION COMMAND TO ENABLE

WORLDWIDE SHIPMENT OF BATTERIES VIA MIL AND COMMERCIAL AIR. PACKAGE

STANDARDS REQUIRE REGULAR REPEATED TESTING AND INERT ASSETS WILL BE PROPERTY

OF MSC.

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

**OEM Authorized Service Representative(s):

EAST PENN MANUFACTURING CO.

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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. Explain what is subject to the restrictive rights.

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

EAST PENN DEKA IS THE MANUFACTURER OF THE INDUSTRIAL TRUCK BATTERIES THAT

ARE REQUIRED TO BE SHIPPED AROUND THE WORLD. INERT BATTERIES NEED TO EMULATE

THE REAL BATTERIES IN SIZE, WEIGHT, SHAPE, AND SALIENT CONDITIONS TO PROVIDE

SUITABLE TEST RESULTS.

2. X 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.

EAST PENN DEKA HAS THE REQUIRED TECHNICAL DATA TO BE ABLE TO PRODUCE AND

CERTIFY THAT THE TEST ASSETS REPLICATE THE REAL BATTERY SALIENT

CHARACTERISTICS.

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.)

See Block II.2

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.

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):

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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 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.

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:

1. . Date on which the requirement was identified:

2. . Required delivery date / Period of Performance:

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

3. Estimated production lead time:

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

5. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $35,607.00

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

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CUNNINGHAM. Digitally signed by

ET.1618760517

CUNNINGHAM.TORIE.MON

618760517

-04'00'

DIEGER.COLEMA Digitally signed by

DIEGER.COLEMAN.D.1218733715

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date