SSJ_N3220518Q6864_-_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): AS CLASS BUY

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

WILSON WALTON INTERNATIONAL

b) the required delivery date/period of performance and

1 MARCH 2019

c) its intended use.

EQUIPMENT REQUIRED TO UPGRADE THE EXISTING IMPRESS CURRENT CATHOTIC

PROTECTON (ICCP) SYSTEM ONBOARD THE AS CLASS VESSELS (AS-39 / AS-40)

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

WILSON WALTON INTERANTIONAL

3349 RT 138, BLDG C, SUITE E

WALL, NEW JERSEY 07719

POC: CASSIE CORBET

PHONE: 732-681-0707

E-MAIL: CASSIE@WILSONWALTON.COM

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.

2 Ver 2.0 (01 June 2018)

WILSON WALTON INTERNATIONAL OWNS THE PROPITIATORY DRAWINGS, TECHNICAL

MANUALS AND DESIGN INFORMATION FOR THE EXISTING ICCP SYSTEM INSTALLED

ONBOARD THE AS CLASS VESSELS (AS-39 / AS-40). THIS INFORMATION IS NOT

AVAILABLE TO ANYONE OUTSIDE OF WILSON WALTON INTERNATIONAL. THIS

INFORMATION IS REQUIRED TO PROVIDE THE REQUIRED EQUIPMENT TO UPGRADE

THE CONTROLS FOR THE ICCP SYSTEM ONBOARD THE AS CLASS VESSELS (AS-39 / AS-

40).

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

WALL, NEW JERSEY 07719

POC: CASSIE CORBET

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.

WALL, NEW JERSEY 07719

POC: CASSIE CORBET

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: 10.6-002-ALL “IDENTIFICATION OF CRITICAL

EQUIPMENT”

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):

WILSON WALTON AQUAMATIC 4 IMPRESS CURRENT CATHOTIC

PROTECTION SYSTEM

3 Ver 2.0 (01 June 2018)

ii. Identify other vessels with this Make / Model:

AS CLASS VESSELS (AS-39 / AS-40)

c. __X__ 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:

WILSON WALTON AQUAMATIC 4 IMPRESS CURRENT CATHOTIC

PROTECTION SYSTEM

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

USING NEW EQUIPMENT FROM WILSON WALTON WILL ALLOW THE

SYSTEM TO BE UPGRADED WITH OUT HAVING TO REPLACE THE EXISTING

CABLING, ANODES AND REFERENCE CELLS FOR THE SYSTEM ONBOARD

THE AS CLASS VESSELS (AS-39 / AS-40). THIS 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.)

f. CASREP Number: _________________________________________