JA 0187_Redacted.pdf

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Date: 27 February 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): __N32205XXXXXXX_________________________________

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

Always On UPS Systems Inc

b) the required delivery date/period of performance and

RDD 1 September 2023

c) its intended use.

MATERIAL FOR USNS JOHN LEWIS PSA – WI 306 – UPS Battery Replacement and UPS required routine maintenance

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

ALWAYS ON UPS SYSTEMS CANADA INC., 1A - 150 CAMPION STREET KELOWNA, BC V1X

7S8 CANADA / PRABHJOT GURAM / PH. (250) 491-9777 / Email: PGURAM@ALWAYSON.COM

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. _____ 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.

Always On UPS Systems is the only known authorized ALWAYS ON UPS SYSTEMS vendor to provide parts/materials (fans/Capacitors) specifically for their Uninterruptable Power Supplies (Models GES-

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103NX31 10KVA, GES-153NX33 15KVA, GES-153NX31 15KVA, GES-203NX31 20KVA), no known third party vendors that provide these parts

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

Always On UPS Systems is the owner of the 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.

i. Identify Make / Model Number(s): _ Always On UPS Systems Inc / Models

GES-103NX31 10KVA, GES-153NX33 15KVA, GES-153NX31 15KVA, GES-203NX31

20KVA ___________

ii. Identify other vessels with this Make / Model:

TAO 205 CLASS________________________________________

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:

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Always On UPS Systems Inc / Models GES-103NX31 10KVA, GES-153NX33 15KVA, GES-153NX31 15KVA, GES-203NX31 20KVA ___________________________

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

THE MATERIAL BEING PROCURED IS DESIGNED AND MANUFACTURED

WITH THE SAME SIZE, LENGTHS, DIMENSIONS, MATERIAL MAKE-UP, RATING AND

OPERATIONAL PARAMETERS OF THE CURRENTLY INSTALLED UNINTERRUPTABLE

POWER SUPPLY PARTS AS REQUIRED BY THE OEM FOR THIS CRITICAL BACK UP

POWER SUPPLY TO THE SHIPS CRITICAL EQUIPMENT. THE MATERIAL BEING

PROCURED IS NECESSARY TO ENSURE THE UPS UNITS CAN BE REASSEMBLED /

MAINTAINED CORRECTLY AND WILL PROVIDE THE EMERGENCY POWER TO SHIPS

CRITICAL EQUIPMENT IN THE EVENT OF LOSS OF SHIPBOARD ELECTRICAL POWER

DUE TO INCORRECT MATERIAL, SIZE, RATING ETC.

d. _X_ OTHER:

MSC DOES NOT HAVE MANUFACTURING AND TECHNICAL INFORMATION

REQUIRED TO EVALUATE AND DETERMINE WHETHER NON-OEM COMPONENTS

AND REPLACEMENT PARTS OFFERED ARE EQUIVALENT TO THE OEM

COMPONENTS AND REPLACEMENT PARTS. T-AO 205 CLASS UPS SYSTEM (AND THE

CORRESPONDING SERVICING) REQUIRE SPECIAL TOOLS, SPECIALIZED REPAIR

PARTS, AND TECHNICAL EXPERTISE UNIQUE TO THESE VESSELS, ONLY APPROVED

OEM PARTS ARE TO BE INSTALLED ON THIS HIGHLY SOPHISTICATED EQUIPMENT.

THE OEM REP HAS ACCESS TO PROVIDE PARTS AND TECHNICAL DATA/DRAWINGS

FROM THE ORIGINAL MANUFACTURER, AS REQUIRED TO PROPERLY REPAIR AND

MAINTAIN THE EQUIPMENT. ALL OEM REPAIR PARTS ARE IN COMPLIANCE WITH

USCG AND ABS IMO REGULATORY EQUIREMENTS._____________

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:

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 PROCURMENT:

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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.