N290023137W237 SSJ Rev 3.pdf

Ver 2.0 (01 July 2018)

Date: 02 JUN 2023

MEMORANDUM

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

SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS MEDGAR EVERS (T-AKE PR Number(s): N290023137W237

I. BACKGROUND:

1. In considering the references, FAR 13.106-l(b)(l)(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. AC / PIN: M3AA090L-2/4-12M09L24BD00201 OTY 1

a) the name of the required source or brand name

KLDL INC DBA AERIAL INDUSTRIES

b) the required delivery date/period of performance and

RDD 16 AUG 2023

c) its intended use.

TO REPLACE EXISTING MOTOR. AC

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

KLDL INC DBA AERIAL INDUSTRIES

17 MACHINERY

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

Only one responsible source (select all that apply):

1. X RESTRICTIVE RIGHTS: the source has established proprietalY 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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KLDL INC DBA AERIAL INDUSTRIES OWNS PROPRIETARY RIGHTS TO THE

DRAWINGS OF THE MATERIAL.

If drawings are included, who is identified as "owning" the drawings.

KLDL INC DBA AERIAL INDUSTRIES

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 represeñtative for the OEM.

then use Part

3.

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 satisñ' the Government's needs for additional units or replacement items.

Identify Make / Model Number(s): KLDL INC DBA AERIAL INDUSTRIES / MFR ID-M3AA090L-2/4 09M09L24BD00203 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.

Identify Make / Model of existing equipment:

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

b.

item or service is item 0T service.

document.

representative, critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

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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

EOUIVELANT 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: 17 MAY 2023

b. Required delivery date / Period of Performance: 16 AUG 2023

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

DELAYED DUE TO TECHNICAL RESEARCH

Estimated production lead time:

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.) Motors are needed to due a C2 CASREP on the Cargo Refrigeration system.

CASREP Number: 23006

ANTICIPATED DOLLAR VALUE OF PROCURMENT: $11 648.00

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CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this jústification are complete and accurate to the best of my knowledge and belief.