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Date: 11/15/2018

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N23754___________________________________

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:

Curtiss Wright 1101 Cavalier Blvd Chesapeake, Virginia 23323 POC: Bryan Murphy

PHONE: (757) 592-0973

E-mail: bryan.murphy@siemensgovt.com

MI-Tech Inc.

6685 Jet Park Road North Charleston, South Carolina 29406 POC: Bill Totten Phone: (843) 553-2743 E-mail: bill@mi-tech.net

PJ Schwalbenberg & Associates Inc.

26 Spear Mill Road Cushing, Maine 04563 POC: Pete Schwalbenberg Phone: (207) 354-0700 E-mail: office@turbinesandgears.com

b) the required delivery date/period of performance and

Required Delivery Date: 7 January 2019 to 1 March 2019

c) its intended use.

PROVIDE TECHNICAL SERVICES OF AN OEM RECONIGEZED FACILITY TO ACCOMPLISH

AN INSPECTION AND REAIRS TO THE SPARE SSTG TURBINE ROTOR, DIAPHRAGMS,

GUIDE BLADE, BULL GEAR AND PINION FOR THE USS MOUNT WHITNEY (LCC 20). THIS

REQUIREMENT REQUIRES SPECILIZED KNOWLEDGE AND TOOLS TO ACCOMPLISH. MSC

HAS OFFICIALLY RECOGINIZED MI-TECH INC AND PJ SCHWALBENBERG AS SOURCES

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ALSO HAVING ACCESS TO THE REQUIRED TECHNICAL DOCUMENTATION,

KNOWLEDGE, EXPERIENCE AND TOOLING TO ACCOMPLISH THE REQUIREMENTS.

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

1101 Cavalier Blvd Chesapeake, Virginia 23323 POC: Bryan Murphy

PHONE: (757) 592-0973

E-mail: bryan.murphy@siemensgovt.com

MI-Tech Inc.

6685 Jet Park Road North Charleston, South Carolina 29406 POC: Bill Totten Phone: (843) 553-2743 E-mail: bill@mi-tech.net

PJ Schwalbenberg & Associates Inc.

26 Spear Mill Road Cushing, Maine 04563 POC: Pete Schwalbenberg Phone: (207) 354-0700

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.

WORTHINGTON CORPORATION (NOW CURTISS WRIGHT) OWNS THE

PROPITIATORY DRAWINGS, TECHNICAL MANUALS AND DESIGN

INFORMATION FOR THE STEAM TURBINE AND REDUCTION GEAR FOR THE

SSTG S ONBOARD THE USS MT WHITNEY (LCC-20). THIS INFORMATION IS

AVAILABLE TO LIMITED SOURCES OUTSIDE OF WORTHINGTON

CORPORATION (NOW CURTISS WRIGHT). THIS INFORMATION IS

REQUIRED TO PROVIDE THE REQUIRED TECHNICAL SUPPORT AND

REPLACEMENT PARTS FOR THE STEAM TURBINE AND REDUCTION GEAR

FOR THE SSTG S ONBOARD THE USS MT WHITNEY (LCC-20). MSC HAS

OFFICIALLY RECOGINIZED MI-TECH INC AND PJ SCHWALBENBERG AS

SOURCES ALSO HAVING ACCESS TO THE REQUIRED TECHNICAL

DOCUMENTATION, KNOWLEDGE, EXPERIENCE AND TOOLING TO

ACCOMPLISH THE REQUIREMENTS.

b.

WORTHINGTON CORPORATION (NOW CURTISS WRIGHT)

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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WORTHINGTON CORPORATION (NOW CURTISS WRIGHT) WAS THE OEM FOR THE

STEAM TURBINE AND REDUCTION GEAR FOR EACH SHIP SERVICE TURBINE

GENERATOR ONBOARD THE USS MOUNT WHITNEY (LCC-20)

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.)

1101 Cavalier Blvd Chesapeake, Virginia 23323 POC: Bryan Murphy

PHONE: (757) 592-0973

E-mail: bryan.murphy@siemensgovt.com

MI-Tech Inc.

6685 Jet Park Road North Charleston, South Carolina 29406 POC: Bill Totten Phone: (843) 553-2743 E-mail: bill@mi-tech.net

PJ Schwalbenberg & Associates Inc.

26 Spear Mill Road Cushing, Maine 04563 POC: Pete Schwalbenberg Phone: (207) 354-0700 E-mail: office@turbinesandgears.com

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. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of additional units or replacement items.

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

ii. Identify other vessels with this Make / Model:

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.

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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.)

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date