FBO_Sole_Source_GD_MS_Systems_Support_CTC_08-29-18_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 29 AUG 2018

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) 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

General Dynamics-Mission Systems___________________________________________

b) the required delivery date/period of performance and

21 OCT- 05 NOV 2018 ____________________________________________________

c) its intended use.

Request OEM technical services through General Dynamics-Mission Systems (GD-MS) with the JHSV Remote Surveillance System (JRSS), JHSV Interior Voice Communication System (JIVCS), JHSV Entertainment & Training System (JETS) and associated subcomponents for USNS Choctaw County (T-

EPF 2)

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

General Dynamics-Mission Systems_________________________________________________

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. _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.

GDMS authorized representative is the O.E.M. Similar communication system companies do not have the required technical data, proprietary software access and software diagnostic tools to review, test,and repair this system. The GDMS Communication System is unique to JHSV. Very little training has been provided to vessel crew. The identified representative is the only known representative for the combined system components known to provide support._____________________________________________ __________________

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

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: SMS 10.6.002-01-JHSV_____________________

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): Various___________________

ii. Identify other vessels with this Make / Model:

USNS FALL RIVER, USNS SPEARHEAD, USNS MILLINOCKET, USNS TRENTON, USNS

BRUNSWICK, USNS CARSON CITY, USNS YUMA, USNS CITY OF BISMARCK _______

c. __X_ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for

3 Ver 2.0 (01 June 2018) existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

_Various_____________________________________________

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

Direct replacement parts.___________________________________________________

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 equivalent to the OEM components and replacement parts. The JRSS, JCSE, JWICS, JETS, and JVICS systems requires special proprietary software for functionality and administration of the ship's internal communication systems, and require technical expertise unique to these electronic components.

The authorized vendor has access to parts, software, and technical data / drawings required for properly maintaining the equipment and to provide technical support during the annual inspection.

GDMS is best qualified to diagnose complex issues, troubleshoot, and repair issues that the ship is having with these systems.______________________________________________________

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: 24 AUG 2018______________________

b. Required delivery date / Period of Performance: 21 OCT- 05 NOV 2018. ____________

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

Due to operational commitments, services are scheduled during ship’s VR Period._ ____

d. Estimated production lead time: 15 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.)

The Sound Powered Telephone (SPT), as part of the JHSV Interior Voice Communication System (JIVCS) is required for the vessel to safely sail in accordance with 46 CFR Part 58.25-15 (Voice Communications), 46 CFR Part 32.30 (Sound Powered Telephone), and 46 CFR 130.440 (Communications System). Additionally, this system is required on all international voyages per IMO and SOLAS regulations.__ ___________________

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f. CASREP Number: _________________________________________

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date