MCLEAN SSJ Redacted.docx

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USNS WILLIAM MCLEAN VALVE BODY AND REPAIR KIT
Solicitation number
N3220523Q2212
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This memorandum documents a justification for use of other than full and open competition for an acquisition under the simplified acquisition threshold. The document requires a 3/2 valve body and repair kit from Trident Maritime Systems, Inc. for repair of the number one cargo refrigeration plant aboard the USNS William Mclean. The required delivery date is November 22, 2023. A justification is provided that Trident Maritime Systems, Inc. owns proprietary rights to the drawings for the material and is the only source able to meet the urgent delivery requirement to prevent failure of critical ship equipment and ensure mission readiness. The related federal contract opportunity is solicitation number N3220523Q2212 for the valve body and repair kit requirement aboard the USNS William Mclean.

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Date: __27 JUN 2023___

MEMORANDUM

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

Ref: (a) USNS WILLIAM MCLEAN (T-AKE 12) PR Number(s): LTCN N290013155A389

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

3/2 VALVE BODY P/N: QM/48/22; REPAIR KIT FOR MIX/DIVRT VALVE PN: 040R401001

a) the name of the required source or brand name

TRIDENT MARITIME SYSTEMS, INC.

b) the required delivery date/period of performance and

RDD 22 NOV 2023

c) its intended use.

REPAIR PART FOR NO.1 CARGO REFRIGERATION PLANT (CHILL)

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

TRIDENT MARITIME SYSTEMS, INC.
LAKE SHORE SYSTEMS, INC.
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. _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 MARITIME SYSTEMS, INC. OWNS PROPRIETARY RIGHTS TO THE DRAWINGS OF THE MATERIAL.

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

TRIDENT MARITIME SYSTEMS, INC.

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. __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: 10.6-002-01-AKE

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): TRIDENT MARITIME SYSTEMS, INC / MFR ID-81430018-A364

ii. Identify other vessels with this Make / Model: T-AKE 1-14

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 COMPONENTS 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: 04 JUN 2023

b. Required delivery date / Period of Performance: 22 NOV 2023

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

DELAYED DUE TO TECHNICAL RESEARCH

d. Estimated production lead time: 20 WEEKS

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.)

Required for overhaul of cargo refrigeration system valves. Future CASREP Prevent. System will fail without valve overhauls negatively impacting mission readiness and capability.

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT:

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

1 Ver 2.0 (01 July 2018)

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