Limited_Source_Memo.pdf

1 Ver 2.0 (01 July 2018)

Date: 10/4/18

MEMORANDUM

Subj: USEOF OTHER THAN FULL ANDOPEN COMPETITION FOR AN ACQUISITION UNDER

THESIMPLIFIEDACQUISITIONTHRESHOLD

Ref: (a) PR Number(s): N2900282714001 and N2319382689001

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

FASSMER SERVICESAMERICALLC.

b) the required delivery date/period of performance and

November 5TH – November 18TH 2018 AND January 21ST – February 21ST 2019

c) its intended use.

REPAIR AND ABS CERTIFICATION OF THE PORT ACCOMODATION LADDER ON THE

ALAN SHEPARD. REPLACE ALL VINYL AND FORM EQUIPMENT ON THE USNS MEDGAR

EVERS FASTRESCUREBOATS.

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

Klaybor General Manager Fassmer Service America, LLC 6135 NW 167 Street (Unit E-6) Miami, FL 33015 Phone 305-557-8875 Mobile 562-248-8683 Fax 305-557-8874 tk@fassmerusa.com

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

ON THE FOLLOWING (select all that apply):

2 Ver 2.0 (01 July 2018)

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.

FASSMER, AS THEOEM, HOLDS RESTRICTUVERIGHTS INCLUDEACCESS TO

BUSINESS SENSITIVE TECHNICALMANUALS, DRAWINGS, AND THEABILITY TO

PROCURE PARTS DIRECTLY FROM THEOEM.

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

FASSMEROWNSDRAWING #12.1544-203.01.00-0 ANDTECHNICALMANUALT9583-

48-MMC-010

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.

SMSNUMBER 10.6-002-ALL LISTS ALL LIFEBOATS, RESCUE BOATS,

DAVITS, ANDACCOMMODATION LADDERS AS CRITICAL EQUIPMENT.

FAILUREOF THIS EQUIPMENTWILL FORCE THE SHIP TO ISSUE A CASREP, AND

IMMEDIATELYREDUCEALLUNDERWAYREPLENISHMENTOPERATIONS AND

CARGOHANDLINGDUE TO REDUCED CREW SAFETY. THE LOSS OF TWO

BOATS PUT THE SHIP IN A C-4 STATUS, THUS BECOMINGUNABLE TO PERFORM

THEPRIMARYMISSIONOF PROVIDINGUNDERWAYREPLENISHMENT

SERVICES TO THE FLEET, UNTIL REPAIRS ARE COMPLETED. PROPER REPAIR

ANDMAINTENANCE ARE CRITICAL TO THE SAFEOPERATIONSOF T-AKE

VESSEL LIFE AND RESCUE BOAT SYSTEMS.

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.

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1.1.1 i. Identify Make / Model Number(s):

FASSMER FAST RIGID RESCUE BOAT, SERIES (F) RR7.0 ID-SF and FASSMER DWG #12.1544-203.01.00.0

ii. Identify other vessels with this Make / Model: T-AKE VESSELS 1-14

T-AKE VESSELS 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.

d. X_ OTHER:

MSCDOES NOTHAVE THEMANUFACTURINGAND TECHNICAL

INFORMATIONREQUIREDTO EVALUATEANDDETERMINEWHETHERNON-

OEM SERVICEREPRESENTATIVES AREQUALIFIED TO PERFORM THEREPAIR

ANDABS CERTIFICATION.MSCDOES NOTHAVEMANUFACTURINGAND

TECHNICAL INFORMATIONREQUIREDTO EVALUATEANDDETERMINE

WHETHERNON-OEM SERVICEAND REPLACEMENTPARTSOFFEREDARE

EQUIVALENT TO THEOEM COMPONENTS AND REPLACEMENTPARTS. T-AKE

LIFE AND RESCUEBOATS,WITH ASSOCIATEDDAVITS AND LADDERS, REQUIRE

TECHNICALEXPERTISE, AND PROPRIETARYDRAWINGSUNIQUETO THESE

BOATS; ONLY THEOEMHAS ACCESS TO PROVIDE PARTS AND TECHNICAL

DATA / DRAWINGS AS REQUIRED BY USCGAND ABS CERTIFICATION FOR

MAINTENANCEAS NOTED UNDER SOW. IT IS ESSENTIAL TO PROVIDEOEM

EVALUATIONAS ITSREQUIRED BYABS/SOLAS/USCGREQUIREMENTS. THE

SHIPWOULD NOT BE ABLE TO SAIL IF THESE INSPOECTIONS ARE NOT DONE

BY THEOEM.

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 t he requirement.

d. Estimated production lead time: