FBO_Sole_Source_Memo_Redacted.pdf

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Date: August 29, 2018__________

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS CITY OF BISMARCK T_EPF 9 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

Lifeline Inflatable Services, INC., 1590 NW 159th Street, Miami Gardens, FL 33169_______________________________________________________________

b) the required delivery date/period of performance and

__RDD: 01 SEPT 2018 POP 04 SEPT 18 – 21 SEPT 18________________________________

c) its intended use.

To complete the annual certification of the Marine Evacuation System, and have it shipped to W143.____

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

_Lifeline Inflatable Services, INC., 1590 NW 159th Street, Miami Gardens, FL, 33169 Tele: (305)621- 1500, Fax: (305)621-1730__________________

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

ON THE FOLLOWING (select all that apply):

A. __XX___ 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.

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a. Explain what is subject to the restrictive rights.

__Proprietary design________________________________________________

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

_Liferaft System Australia_____________________________________________

2. _XX____ 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.

Liferaft System Australia_____

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.)

_Lifeline Inflatable Serives, INC.______________________________________

3. __XX___ OTHER REASON:

a. _XX____ 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 JHSV___________________________

b. _XX____ 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): Liferaft Systems Australia________

ii. Identify other vessels with this Make / Model:

_All EPF’s______________________________________________

c. _XX____ 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:

Liferaft Systems Australia__________________________________________

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

These overhaul kits are by the OEM to maintain maximum fuction and proper operation.

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d. _XX____ OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine wither non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. This requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service reps are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data/drawings/service as required by USCG, ASME, SOLAS, and ABS certification.______________________________________________________

4. __XX___ 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: _August 27, 2018__________________

b. Required delivery date / Period of Performance: RDD 01 SEPT 18, POP: 04 – 21 SEPT

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

This is required to be a drop in replacement of the Port MES currently onboard USNS City of Bismarck, once the Port MES is launched. ____________________________________

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: ______________________

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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