2019JECROHWI0914CAPACSYSTEMSVCUseofOtherthanFullandOpenfo_002.docx

Date: 11-Jul-2018

MEMORANDUM

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

SIEMMENS WATER TECHNOLOGIES

b) the required delivery date/period of performance and

1 FEB 2019

c) its intended use.

2019 JEC ROH WI 0914 CAPAC SYSTEM MAINTENANCE

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

EVOQUA WATER TECH, 2 MILLTOWN CT, UNION, NJ 07083, 908-851-2277

MARY HELEN PARKEY, 201 ELLENWOOD RD., MIDDLESBORO, KY 40965, 606-248-5007

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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.

Ver 2.0 (01 June 2018)

a. Explain what is subject to the restrictive rights.

Class BASF Cathodic Protection require specials tools, specialized repair parts and technical expertise un

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

The engineering, construction drawings and technical characteristics for the manufactured parts are propr

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.

The OEM parts and Technical data/drawings from the Original Manufacturer are required by USCG and A

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.)

Original Equipment Manufacturer (OEM) for the Cathodic Protection System was Engelhard but since the

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: 10.6-002-AO

b. ☐ 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): 50910-2

ii. Identify other vessels with this Make / Model:

Fifteen (15) T-AO

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:

SIEMENS WATER TECHNOLOGIES CORP. / 50910-2L

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

MSC does not have manufacturing and technical information required to evaluate and determine

d. ☐ OTHER:

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: