Other_Than_Full_and_Open_Memo_Redacted.pdf

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Date: 8/6/2018

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2101582154001

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

De Nora Water Technologies_

b) the required delivery date/period of performance and

RDD 17 AUG 2018

c) its intended use.

Required parts to repair the vessel’s Marine Sanitation Device (MSD) system.

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

De Nora Water Technologies

1110 Industrial Blvd

Sugarland Texas 77478

POC: Anthony Marshall

Office: (281) 240-6770

Mobile: (346) 420-4570

Email: anthony.marshall@denora.com

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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.

a. Explain what is subject to the restrictive rights.

De Nora Water Technologies is the OEM service and parts provider for the vessel’s Marine

Sanitation Devise (MSD) system. De Nora owns proprietary data pertaining to the MSD system including drawings and technical documentation. Only De Nora has access to proprietary data, has the expertise/knowledge and ability to supply OEM parts and services for completion of system repairs and servicing of the vessel’s MSD system.

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

Severn Trent De Nora is identified on the original system drawings, however De Nora bought out/acquired Severn Trent De Nora. De Nora now owns Severn Trent De Nora and owns all of the proprietary data pertaining the Severn Trent De Nora Systems.

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. 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.

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i. SMS Procedure Number:

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): _De Nora MSD 12MC_

ii. Identify other vessels with this Make / Model: USNS SIOUX

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 the manufacturing and technical information required to evaluate and determine whether the components and replacement parts offered are equivalent to the responsible source components and replacement parts.

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 requirement.

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.)

f. CASREP Number: