JA Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 9/24/2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2319502699001

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 BACKING RING – PT#

B11.050040199

a) the name of the required source or brand name

/ FAIRBANKS- MORSE ENGINE (FME) / MAN DIESEL, GERMANY

b) the required delivery date/period of performance and

October 19, 2020_

c) its intended use.

To completed the 24,000 Hour overhaul and Repair of the MDG #3 _____________________

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

FAIRBANKS- MORSE ENGINE (FME) / MAN DIESEL, GERMANY

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.

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THE ENGINE OEM IS MAN DIESEL, GERMANY FOR THE T-AKE CLASS SHIPS.

FAIRBANKS- MORSE ENGINE (FME) AND MOTOR-SERVICES-HUGO-STAMP (MSHS) ARE THE OEM

AUTHORIZED SUPPLIERS OF APPROVED REPAIR PARTS FOR T-AKE

CLASS MAIN ENGINES. PROPER REFURBISHMENT AND MAINTENANCE OF THE

ENGINES ARE CRITICAL TO THE SAFE OPERATION OF T-AKE VESSEL. FME AND

MSHS PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS FROM THE ORIGINAL

MANUFACTURER AS REQUIRED BY USCG AND ABS REGULATIONS. THIS

MAINTAINS ALL OEM WARRANTIES, ENSURES ENGINE RELIABILITY, AND CREW

SAFETY.

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

FAIRBANKS- MORSE ENGINE (FME) / MAN DIESEL, GERMANY

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.

THE ENGINE OEM IS MAN DIESEL, GERMANY FOR THE T-AKE CLASS SHIPS.

FAIRBANKS- MORSE ENGINE (FME) AND MOTOR-SERVICES-HUGO-STAMP (MSHS)

ARE THE OEM AUTHORIZED SUPPLIERS OF APPROVED REPAIR PARTS FOR T-AKE

CLASS MAIN ENGINES. PROPER REFURBISHMENT AND MAINTENANCE OF THE

ENGINES ARE CRITICAL TO THE SAFE OPERATION OF T-AKE VESSEL. FME AND

MSHS PROVIDE PARTS AND TECHNICAL DATA / DRAWINGS FROM THE ORIGINAL

MANUFACTURER AS REQUIRED BY USCG AND ABS REGULATIONS. THIS

MAINTAINS ALL OEM WARRANTIES, ENSURES ENGINE RELIABILITY, AND CREW

SAFETY.

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. __X__ 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. __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.

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i. Identify Make / Model Number(s): M4860L-002*00 MAN 8L 48/60;

FAIRBANKS MORSE ENGINE

ii. Identify other vessels with this Make / Model:

T-AKE CLASS

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. ___X__ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the

OEM components and replacement parts.

4. __X__ 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: September 24, 2020______________

b. Date Requirement Submitted: September 25, 2020___________________________

c. Required delivery date / Period of Performance: September 28, 2020_____________

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

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e. Estimated production lead time: PARTS ON HAND

f. 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.)

ALL FOUR MAIN PROPULSION DIESEL ENGINE (MPDE) ARE LISTED AS

CRITICAL EQUIPMENT. FAILURE OF ONE MPDE WILL FORCE THE SHIP TO

REDUCE THEIR SPEED. THE LOSS OF TWO ENGINES PUT THE SHIP IN A C-4

STATUS, THUS BECOMING UNABLE TO PERFORM THE PRIMARY MISSION

OF PROVIDING UNDERWAY REPLENISHMENT SERVICES TO THE FLEET,

WHICH WILL RESULT IN A CASREP. THE REDUCTION OF SPEED CAN ALSO

POSE A HAZARD TO THE CREW, DUE TO LIMITED SHIP MANEUVERABILITY.

CURRENTLY THE VESSEL IS IN A MID-TERM AVAILABLITY. ENGINE IS

CURRENTLY DISSAMBLED AND UNABLE TO BE REPAIRED AND

REASSEMBLED WITH OUT THE PARTS IDENTIFIED.

g. CASREP Number: 20-003

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.