No1_2_5_6CTWINCHCONTROLLER_JA.docx

Date: 30 MAY 2019

MEMORANDUM

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

Ref: (a) PR Number(s):21524-9150-4001 N2152491634002

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

Eaton Corporation

b) the required delivery date/period of performance and

11 JAN 2020 & 1 APR 2020

c) its intended use.

2020 JEC VR & MTA WI 03XX #1,2,5,6 CT WINCH CONTROLLER RENEWALS

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

EATON CORPORATION

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. ☐ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

Ver 2.0 (01 June 2018)

a. Explain what is subject to the restrictive rights.

Contractor has rights to adapter plate fabricated special to MSC for use on controller cabinets made for SV9000 Controllers.

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

Eaton Corporation (not available to MSC)

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.

i. SMS Procedure Number: SMS PROCEDURE 10.6-002-AO/ALL

b. ☐ 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): SPX9000

ii. Identify other vessels with this Make / Model:

ALL (15) T-AO’S

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:

SV9000

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

SPX9000 WINCH SPEED CONTROLLER IS THE REPLACEMENT FOR SV9000. INCLUDES NO ADAPTER, FOOTPRINT, WIRING, PROGRAMMING AND SUBBER RESISTORS. THESE ARE FOR THE CONSTANT TENSION WINCHES FOR MOORING.

d. ☐ OTHER:

VARIABLE FREQUENCY DRIVE MUST BE COMPATIBLE WITH EXISTING MOTOR AND WINCH THAT IT DRIVES. THIS VARIABLE FREQUENCY DRIVE CONTAINS AN INTERNAL COMPUTER THAN CONTAINS A PROGRAM THAT WAS WRITTEN BY EATON CORP FOR THIS SPECIFIC APPLICATION. IF A VARIABLE FREQUENCY DRIVE WAS PURCHASED FROM ANOTHER MANUFACTURER A SUBSTANTIAL ENGINEERING COST WOULD BE INCURRED TO PROGRAM THE DRIVE TO OUR SPECIFIC APPLICATION.

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: