J&A_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 11 September 2018

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2163782564001

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

CUTRISS - WRIGHT

b) the required delivery date/period of performance and

4 JANUARY 2019

c) its intended use.

REPAIR PARTS REQUIRED TO OPEN AND INSPECT THE STEAM DRIVEN FIRE PUMP

ONBOARD THE USNS COMFORT (T-AH 20) FOR ABS CREDIT. THIS MATERIAL WILL

B E P ROVI DED AS GF M FO R W ORK IT EM 5 04 IN T HE USNS C OMFO RT ’S FY -19 MTA

WORK PACKAGE.

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

CURTISS– WRIGHT

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.

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a. Explain what is subject to the restrictive rights.

CURTISS – WRIGHT OWNS THE PROPITIATORY DRAWINGS, TECHNICAL MANUALS AND

DESIGN INFORMATION FOR THE STEAM TURBINE FOR THE STEAM DRIVEN FIRE PUMP

ONBOARD THE USS COMFORT (AH-20). THIS INFORMATION IS NOT AVAILABLE TO

ANYONE OUTSIDE OF CURTISS – WRIGHT. THIS INFORMATION IS REQUIRED TO

PROVIDE THE REQUIRED REPAIR PARTS FOR THE STEAM TURBINE FOR THE STEAM

DRIVEN FIRE PUMP ONBOARD THE USNS COMFORT (T-AH 20).

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

2. X 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, 3 Ver 2.0 (01 June 2018) the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: 10.6-002-ALL “IDENTIFICATION OF CRITICAL

EQUIPMENT”

b. STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, onl 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):

ii. Identify other vessels with this Make / Model:

c.

for

X FORM, FIT, AND FUNCTION: Item is direct replacement parts / components existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

TERRY TURBINE 6-DB-25 (RIGHTS NOW OWNED BY CURTISS - WRIGHT

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

USING REPAIR PARTS FROM CURTISS – WRIGHT WILL ENSURE THE REQUIRED

REPAIR PARTS MEET ALL OF THE ORIGINAL DESIGN REQUIREMENTS FOR THE

STEAM DRIVEN FIRE PUMP. THIS WILL ENSURE PROPER FORM, FIT AND

FUNCTION OF THE STEAM TURBINE WHICH WILL PROVIDE A SUBSTANTIAL

COST SAVINGS TO THE GOVERNMENT.

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.)

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f. CASREP Number: