BN_N23199-9112-4003_redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 04/22/19

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N23199-9112-4003

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

SEA VALVES FOR ROH/DD

b) the required delivery date/period of performance and

RDD 1 NOVEMBER 2019 / POP – 2 JANUARY 2020 TO 18 MARCH 2020

c) its intended use.

SEA VALVE REPLACEMENT FOR ROH/DD 10 YEAR ABS/COI

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

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. __X___ BRAND NAME LIMITED 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.

CRANE CHEM-PHARMA & ENERGY OWNS THE PROPRIETARY RIGHTS TO THE

DRAWINGS OF THE VALVES.

2 Ver 2.0 (01 July 2018)

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.

CRANE CHEM-PARMA & ENERGY

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. __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

ii. Describe how it applies to the critical piece of equipment:

SALTWATER SUPPLY HEADER PROVIDES THE COOLING MEDIAN

TO ALL SYSTEM AND TO THE FIRE MAIN. WITHOUT THE

EFFECTIVE ALIGNEMENT AND ISOLATION OF THE SEA WATER

SYSTEM THE SHIPS PROPULSION, FIRE FIGHTING CAPABILITIES

AND WATER DISTILERS WOULD NOT OPERATE.

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): CRANE (30BG67731X, 24BG67731X, 04KG57731X, 04BG07731X, 06BG07731X, 08BG07731X, 12BG06431X, 16BG66431X, 02BG07731.

ii. Identify other vessels with this Make / Model:

THE ENTIRE TAKE CLASS SHIP; SHIP’S 1-14.

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.