Sole_Source_Memo_FBO.docx

Date: 07 Feb 2019

MEMORANDUM

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

Ref: (a) PR Number(s):

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 TWINDISC Hydraulic Torque Converter and Transmission Model Nr 4-MT-1623-1

b) the required delivery date/period of performance and

18 FEB 2019 through 21 April 2019

c) its intended use.

Automatic Traction Winch used for towing on USNS Apache T-ATF 172 Primary Ships Mission

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

Great Lakes Power Services/ Chesapeake Branch 3700 Profit Way Chesapeake Va 23323 P: 757-487-3670 F: 757-337-8779 POC: Malynda Curry mcurry@glpower.com

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.

GREAT LAKES POWER SERVICE IS THE AUTHORIZED OEM REP FOR

TWIN DISC PRODUCTS AND HAS ALL PROPRIETORY RIGHTS TO THE

TRACTION WINCH TORQUE CONVERTER/TRANSMISSION PARTS AND DRAWINGS THAT IS INSTALLED IN THE AUTOMATIC TOWING MACHINE IN USNS APACHE.

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

TWIN DISC DWG NR X229326

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: 7.12.001 ARS/ATF Towing Ops

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):

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.

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: 23 Jan 2019

b. Required delivery date / Period of Performance: 18 FEB 2019

c. If the difference between a. and b. is more than one week, explain the delay in submitting t The ship originally issued a C2 CASREP and conducted Troubleshooting and replaced bad identified parts that did not repair the equipment. MSC just received confirmation that all of the material for repair is available. The CASREP has been upgraded to C3

Estimated production lead time:

weeks d.

e. Explanation of why delivery / commencement of services by the date required is needed: The USNS Apache is an Ocean Going Tug Boat. The Traction Winch degradation reduces the ships ability to perform Her Primary Mission

CASREP

Number:

C3 f.

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date