N215251154W093 SSJ (complete).pdf

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Date: 22 JUL 2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS LEROY GRUMMAN (T-AO 195) PR Number(s): N215251154W093

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

MOTOR ELECTRIC WINC

a) the name of the required source or brand name

LAKE SHORE SYSTEMS, INC.

b) the required delivery date/period of performance and

30 SEP 2021

c) its intended use.

REPAIR PART FOR MOTOR CONTROL CENTER 400HP PUMP

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

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.

LAKE SHORE SYSTEMS, INC. ONLY SELLS DIRECT AND DOES NOT HAVE

ANY AUTHORIZED DISTRIBUTORS.

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

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. __X__ Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

LAKE SHORE SYSTEMS, INC. ONLY SELLS DIRECT AND DOES NOT HAVE ANY

AUTHORIZED DISTRIBUTORS.

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: Form 10.6-002-01-AO

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): OLDENBURG GROUP

INCORPORATED / 2D3-1013

ii. Identify other vessels with this Make / Model:

T-AO 187-204

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.

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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 EQUIVELANT 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: 03 JUNE 2021

b. Required delivery date / Period of Performance: 30 SEP 2021

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

DELAYED DUE TO TECHNICAL REVIEW

d. Estimated production lead time: 70 DAYS

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.)

Mission impact is significant as it reduces vessels ability to load stores/parts/cargo.Vessel can only moore stbd side for cargo operations, this is always not an option. Loss of 1 & 2 cargo booms negatively impacts ship readiness to support the Navy.

f. CASREP Number: 21009

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $ 69,828.00

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.

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Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date