Sole_Source_for_HUBTEX_SIDE_LOADER_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 15 August 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) MSC NORFOLK, PR Number(s): N3220592204001

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:

Purchase of DRIVE WHEELS (P/N# 522.322.0) in support of HUBTEX VQ45/4 Missile Side Loader (MSL) assets.

a) the name of the required source or brand name

DESIGN STORAGE & HANDLING, INC.

b) the required delivery date/period of performance and

RDD: 23 AUG 2019.

c) its intended use.

Drive Wheel installation on HUBTEX VQ45/4 (9.5K) MSL equipment assets.

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

**Sole OEM authorized / certified distribution source (CONUS):

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

ON THE FOLLOWING (select all that apply):

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A. __X__ 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.

a. Explain what is subject to the restrictive rights.

b.

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. __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.

b. __X___ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s): HUBTEX Model VQ45/4.

ii. Identify other vessels with this Make / Model: All T-AKE Class Vessels.

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.

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i. Identify Make / Model of existing equipment:

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

d. __X___ OTHER:

__The requested DRIVE WHEELS (P/N# 522.322.0) in support of the HUBTEX V45/4 (9.5K) Missile Side Loader asset is only manufactured by the OEM (HUBTEX) which meets all specifications requiring safe and satisfactory operation of the equipment.

4. __X___ 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: 07 AUG 2019

b. Required delivery date / Period of Performance: 23 AUG 2019

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

MSC was awaiting complete T-AKE vessel feedback with regard to overall fleet requirements. In addition, communicated to and awaited response from prospective vendor to obtain stock availability data and material delivery/shipment lead-time information in support of affiliated procurement request.

d. Estimated production lead-time: Per Source, requested material is in stock/on the shelf and ready for immediate and expedited shipment in support of the MSC requirement.

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.)

Requested material is 'critical' and required to support HUBTEX Missile Side Loader (MSL) equipment assets throughout MSC's T-AKE vessel fleet. Side Loaders are used for handling and transporting missiles/ordnance on board the ship. The usage of MSL assets aboard T-AKE units has been mandated by the MSC organization and command instruction stressing that Missile Side Loaders are the 'only' MHE assets authorized to move & transport missiles onboard MSC vessels. If these Drive Wheels are not expeditiously purchased, obtained by MSC and distributed for immediate service usage meeting fleet requirements, the risk to loss of mission capability aboard tasked operational vessels could be 'imminent'.

f. CASREP Number: N/A

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IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.