JA_COMFORT_VFD_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 15 October 2018

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N216379

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

Carrier Transicold Marine Services PO Box 4805 Carrier Parkway, TR-20 Syracuse, New York 13221 POC: Steve Grimaldi Phone: (315) 317-6808 E-mail: Steve.Grimaldi@carrier.utc.com

b) the required delivery date/period of performance and

12 30 November 2018

c) its intended use.

PROVIDE THE SERVICES OF AN OEM TECHNICAL REPRESENTATIVE TO INSPECT AND

TEST THE (3 EA.) VARIABLE FREQUENCY DRIV FOR THE 500 TON A/C UNITS

ONBOARD THE T-AH CLASS VESSELS. THE SERVICES ARE REQUIRED TO REPAIR THE

SHORE BASE SPARE UNITS TO ENSURE THAEY ARE READY FOR ISSUE IN THE EVENT OF

A FAILURE OF ONE OF THE 6 SHIPBOARD UNITS INSTALLED ONBARD THE T-AH

VESSELS. CARRIER TRANSCOOL IS THE OEM FOR THE 500 TON A/C PLANTS AND THEY

HAVE THE PROPRIETARY RIGHTS TO THE TECHNICAL INFORMATION, MATERIAL

REQUIREMENTS AND THE LOGIC PROGRAMING FOR THIS REQUIREMENT.

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

Quality Refrigeration Company 310 Harry Bridges Blvd Wilmington, California 90744 POC: Mike Cott

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Phone: (619) 230-1534

Bailey Refrigeration 2323 Randolph Avenue #1 Avenel New Jersey POC: Benjamin Bailey Phone: (732) 382-1225

Chesapeake Marine Refrigeration Inc.

2626 Cromwell Road Norfolk, Virginia 23509 POC: Chris Lambert Phone: (757) 853-6856

Morco Refrigeration Services Inc.

1466-B State Road Summerville, South Carolina 29483 POC: John Morrison Phone: (843) 761-9440

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.

CARRIER TRANSCOOL OWNS THE PROPITIATORY DRAWINGS, TECHNICAL MANUALS

AND DESIGN INFORMATION FOR THE 500 TON A/C UNTIS ONBOARD THE T-AH CLASS

VESSELS. THIS INFORMATION IS NOT AVAILABLE TO ANYONE OUTSIDE OF TECHNICAL

MARINE SERVICES INC. THIS INFORMATION IS REQUIRED TO PROVIDE THE REQUIRED

TECHNICAL SERVICES FOR THE 500 TON A/C UNITS ONBOARD THE T-AH CLASS

VESSELS.

b.

Carrier Parkway, TR-20 Syracuse, New York 13221 POC: Steve Grimaldi

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.

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Carrier Parkway, TR-20 Syracuse, New York 13221 POC: Steve Grimaldi

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.)

Quality Refrigeration Company 310 Harry Bridges Blvd Wilmington, California 90744 POC: Mike Cott Phone: (619) 230-1534

Bailey Refrigeration 2323 Randolph Avenue #1 Avenel New Jersey POC: Benjamin Bailey Phone: (732) 382-1225

Chesapeake Marine Refrigeration Inc.

2626 Cromwell Road Norfolk, Virginia 23509 POC: Chris Lambert Phone: (757) 853-6856

Morco Refrigeration Services Inc.

1466-B State Road Summerville, South Carolina 29483 POC: John Morrison Phone: (843) 761-9440

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-

b. __X__ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Gove additional units or replacement items.

i. Identify Make / Model Number(s):

Carrier Trasnscool, 500 Ton A/C Unit Part #: 19XRV5557937CR8648

ii. Identify other vessels with this Make / Model:

USNS MERCY (T-AH 19)

USNS COMFORT (T-AH 20)

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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. _____ 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.)

THE PROPULSION AUTOMATION SYSTEM CONTROLS THE STEAM PLANT

ONBOARD THE USNS MERCY (T-AH 19). THE PROPULSION AUTOMATION

SYSTEMS IS REQUIRED FOR THE SHIP TO GET UNDERWAY.

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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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.

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date