JA Other than Full and Open for SATredacted .pdf

1 Ver 2.0 (01 July 2018)

Date: 7 December 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N23193

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. Trident Marine (IMECO Division) Cargo Refrigeration Compressor and Refrigeration, Marine, Control and Management System, STALECTRONIC 2200 Technician and Mechanical Technician.

a) the name of the required source or brand name

_Trident Marine(IMECO Division) (CAGE 0V369_

b) the required delivery date/period of performance and

15-21 Jan 2022

c) its intended use.

Troubleshoot and Repair the 1 and 4 AC Units and Cargo Refrigeration Units 2 and 3 Compressor unit sensors and the STALECTRONIC 2200 Control and Management System

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

_ Trident Marine(IMECO Division) (CAGE 0V369_

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. 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.

2 Ver 2.0 (01 July 2018)

The Cargo Refrigeration STALECTRONIC 2000 Control and Management System original equipment manufacturer (OEM) is IMECO Inc.for T-AKE class ships. IMECO, Inc. are York International’s United States service representatives and parts distributors for the Command and Control System.

IMECO is the software designer and holds exclusive proprietary information and drawings for T-AKE AC Units and Cargo Refrigeration Command and Control System. IMECO holds all proprietary rights to the software and programming codes and passwords essential for repair and programming of the communication and control software, alarm and shutdown sensor, and system set points of the T-AKE AC Units and Cargo Refrigeration Plants.

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

_Trident Marine (IMECO Division _

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.

_ No other company possesses the knowledge or proprietary software, passwords, or program parameters required to troubleshoot, repair, and reprogram the AC Units and Cargo Refrigeration Command and Control System.

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. XX OTHER REASON:

a. XX 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- All

b. XX 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): STALECTRONIC 2200 Control and

Management System

ii. Identify other vessels with this Make / Model: All T-AKE Class Vessels.

c.

for

X FORM, FIT, AND FUNCTION: Item is direct replacement parts / components

3 Ver 2.0 (01 July 2018) existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

STALECTRONIC 2200 Control and Management

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

_ The AC Units and Cargo Refrigeration Plants were installed at ship construction by NASSCO who contracted IMECO to develop and install the STALECTRONIC 2200 Control and Management System for the AC Units and Cargo Refrigeration System.

d. OTHER:

4. XX 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: 3 December 2021

b. Required delivery date / Period of Performance: 15 December 2021

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: 1 or 2 Day’s after contract award

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.)

AC Unit 1 and 4 are not operational C-3 CASREPS refers and Cargo Refrigeration

Freeze Compressor #3 is OOC, the STALECTRONIC 2200 Control and Management System is preventing the unit from starting. and Cargo Refrigeration Freeze Compressor #2 continually trips when the brine temperature reaches -10 degrees, The Cargo Refrigeration Freeze Compressors are unreliable and if not immediately corrected this will cause the spoilage of the cargo freeze food stores required to replenish U.S. Navy Fleet Assets in the CTF-73 Op-Area.

This will also result in the loss of in excess of $2 million dollars worth of food stores. In addition, if the another AC Unit fails the ship will not meet Redlines and will be forced to return to port and be placed in a C-4 Mission Status.

f. CASREP Number: (21081), C-3 CASREP

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $00000.00

4 Ver 2.0 (01 July 2018)

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.

OLEYKOWSKI.EDWARD.10392 Digitally signed by

75569

OLEYKOWSKI.EDWARD.1039275569

Date: 2021.12.08 11:57:06 -05'00'

Requester Signature / Date ALVEY.SCOTT.A.1 Digitally signed by

ALVEY.SCOTT.A.1243840046

_243840046 Date: 2021.12.08 12:31:50 -05'00'

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

Digitally signed by

MORRIS.MARIA.A.1144351742 MORRIS.MARIA.A.1144351742

Date: 2022.01.10 14:03:53 -05'00'

EAST.HEATHER.JAMI Digitally signed by

LA.1030364402

EAST.HEATHER.JAMILA.1030364402

Date: 2022.01.07 18:17:53 -05'00'