N231950269W256 LTCN SSJ UnC_Redacted.pdf

Date: __28 SEP 2020 ___

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS ROBERT PEARY ( T- AKE-5 ) PR Number(s): N231950269W256

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

SEAL RING

SUPPORT RING

a) the name of the required source or brand name

FME

b) the required delivery date/period of performance and

___ _RDD 30 OCT 2020_____________________________

c) its intended use.

REPAIR PARTS FOR MAIN DIESEL ENG.MED.SPEED,4 STROKE TYPE 8L

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

FME

MSHS

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.

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a. Explain what is subject to the restrictive rights.

THE ENGINE OEM IS MAN DIESEL,GERMANY FOR THE T-AKE CLASS SHIPS.

FAIRBANKS MORSE ENGINES (FME) AND MOTOR SERVICE HUGO STAMPS

(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

SYSTEM 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 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.

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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/ SEAL RING

K06.56933-6366*00 / SUPPORT RING B11.05004-0199

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 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. 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. _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: __25 SEP 2020___________________

b. Required delivery date / Period of Performance: __ _30 OCT 2020___________

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

___DELAYED DUE TO MARKET RESEARCH

d. Estimated production lead time: ________________

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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.)

FAILURE OF ONE MPDE WILL FORCE THE SHIP TO REDUCE THEIR

SPEED.THE LOSS OF TWO ENGINES PUT THE SHIP IN A C4 STATUS, THUS BECOMING

UNABLE TO PERFORM THE PRIMARY MISSION OF PROVIDING UNDERWAY

REPLINISHMENT 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 THE T-AKE

VESSEL.____________________________________________________________________

f. CASREP Number: : 20007

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.

Contracting Officer / Date

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