JA_Redacted N3220524Q0118.pdf

1 Ver 2.0 (01 June 2018)

Date: 16 December 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

SIMPLEX AMERICAS

b) the required delivery date/period of performance and

RDD 1 October 2024

c) its intended use.

LLTM MATERIAL FOR USNS HARVEY MILK PSA WI 907 STERN TUBE SEAL PARTS

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

SIMPLEX AMERICAS LLC, 20 BARTLES CORNER ROAD, FLEMINGTON, NJ, 08822, phone #9082379099

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. 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.

3 Ver 2.0 (01 June 2018)

i. Identify Make / Model of existing equipment:

SIMPLEX-COMPACT SEAL TYPE SC3

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

USCG & ABS REQUIRE OEM SERVICES FOR STERN TUBE SEAL PARTS. NON-OEM

PARTS MAY NOT BE INSTALLED IN THIS SYSTEM DUE TO ABS AND USCG REGULATIONS

AND REQUIRE OEM TECHNICAL KNOWLEDGE.

d. 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 STERN TUBE SEAL

SYSTEM (AND THE CORRESPONDING SERVICING) REQUIRE SPECIAL TOOLS,

SPECIALIZED REPAIR PARTS, AND TECHNICAL EXPERTISE UNIQUE TO THESE

VESSELS, ONLY APPROVED OEM PARTS ARE AUTHORIZED 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 REQUIREMENTS.

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.)