MOR 21-010 SSJ MDE NO.2 36K OH KIT MPR(redacted).pdf

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Date: 1/7/2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS MATTHEW PERRY TAKE 9 PR Number(s): N2319910074018

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

MDE 36K OH KIT 9 CYLINDER

a) the name of the required source or brand name

FME

b) the required delivery date/period of performance and

RDD 09/01/2021

c) its intended use.

REQUIRED FOR 36K OVERHAUL OF MDE NO. 2

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

FME

MAN PRIME SERVE

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. MAN DIESEL

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-ALL

ii. Describe how it applies to the critical piece of equipment: 10.6-002-ALL

LISTS ALL FOUR MAIN PROPULSION DIESEL ENGINE (MPDE) 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. PROPER REFURBISHMENT AND

MAINTENANCE OF ENGINES ARE CRITICAL TO THE SAFE

OPERATIONS OF T-AKE VESSEL.

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): FAIRBANKS MORSE ENGINE/ MAN

DIESEL

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

3 Ver 2.0 (01 July 2018) 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: Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): 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-AKE

ENGINES REQUIRE SPECIAL TOOLS, SPECIALIZED REPAIR PARTS, AND

TECHNICAL EXPERTISE UNIQUE TO THESE ENGINES; 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.)

f. CASREP Number:

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