J and A redacted.docx

Date: _____23 Jan 2024______

MEMORANDUM

Ref: (a) PR Number(s): 1301132310

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

Trident/Turnbull_____________________________________________________________________

b) the required delivery date/period of performance and 01 Jan 2025

c) its intended use. Tables to be used for the lab upgrade WI 703

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.

Trident/Turnbull created the drawing for which the design of the space was completed. Only they have access to this drawing.

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. _____ 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: ___________________________

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.

USNS Comfort has the same lab configuration for this lab upgrade.

i. Identify Make / Model of existing equipment:

COMFORT has upgraded to Vitros 7600 to be in line with MERCY. The proposed lab tables were specifically designed to support the new Vitros 7600s to complete MERCYs latest Laboratory upgrades. These vessels need to keep class uniformity.

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

The lab furniture for the Vitros 7600 must be exact to ensure the lab equipment can be secured for sea properly. The lab upgrade was designed around the new Vitros 7600s and must also allow for the proper egress.

d. _X____ OTHER:

MSC does not have the technical knowledge to determine if non-designed based lab upgrade material will suffice for this requirement.

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: _____________________________

d. Estimated production lead time: ______________________________

f. CASREP Number: _________________________________________

3 Ver 2.0 (01 June 2018)