MOR21-001 JLG SS_UC - REDACTED.docx

Date: 10 October 2020

MEMORANDUM

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

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

_JLG Model 450AJ 4 WD/Diesel Boom Lift.

b) the required delivery date/period of performance and

_May 31 2021.

c) its intended use.

USNS Supply Top Side Preservation and Maintenance.

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

_____JLG Industries and authorized distributors.__________________________________

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.

a. Explain what is subject to the restrictive rights.

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

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. _____ OTHER REASON:

a. _____ 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: ___________________________

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): JLG 450 AJ Boom Lift________________

ii. Identify other vessels with this Make / Model:

_USNS Arctic. ______________________________________________

i. Identify Make / Model of existing equipment:

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

The 450AJ Boom Lift is the only available boom lift that will reach the top of the vessel’s Kingposts yet still be able to transition underneath the pallet decks, which allow the unit to transit to both sides of the ship. The 450AJ Boom Lift is the only available boom lift that will reach the top of the vessel’s Kingposts yet still be able to transit through the cargo doors for interior storage while underway.

d. _X____ OTHER:

PM6 direction to maintain configuration and conformity is provided for additional justification for sole source acquisition. ______________________________________________

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: 5 October 2020____________________

b. Required delivery date / Period of Performance: _31 May 2021_______________

JLG inspected during FY20 4th QRT ROH ,Failed inspection and did not receive safe to use certification. Decommissioned 5 Oct 2020

d. Estimated production lead time: 60 to 80 days.____________________________

_Boom Lift was identified as a requirement to address 2021 deficiencies for topside preservation and repair of USNS Supply. __________________________

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: ______________________

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)