SOR_19-002_-_BWK_SSJ_REV_SIGNED_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 15 March 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): Req# N2978990729001

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

Request for OEM technical services through General Dynamics-Mission Systems (GD-MS) with Star

SAFIRE III EO/IR (FLIR).

b) the required delivery date/period of performance and

April 8-14, 2019 – to remove the FLIR unit

April 19-May 15, 2019 – to reinstall and op-test

c) its intended use.

The Star SAFIRE III EO/IR (FLIR) is a fixed thermal imaging infrared camera and is a vital part of the JHSV Remote Surveillance System (JRSS).

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

General Dynamics-Mission Systems Thomas Kelly EPF Systems Engineer General Dynamics Mission Systems 100 Plastics Ave. (Building 130) Pittsfield, MA 01201 Email: thomas.kelly@gd-ms.com Phone: 413-728-7174

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

ON THE FOLLOWING (select all that apply):

A. Only one responsible source (select all that apply):

2 Ver 2.0 (01 July 2018)

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

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.XX OTHER REASON:

a. XX 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: SMS 10.6.002-01-JHSV

b. XX STANDARDIZATION: 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): _STAR / SAFIRE III EO/IR (FLIR)

ii. Identify other vessels with this Make / Model:

EFP Class

3 Ver 2.0 (01 July 2018)

c. XX 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:

STAR / SAFIRE III EO/IR (FLIR)

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

The Star SAFIRE III EO/IR (FLIR) is a fixed thermal imaging infrared camera and is a vital part of the JHSV Remote Surveillance System (JRSS).

d. XX OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The JRSS system requires special proprietary software for functionality and administration of the ship's FLIR system, and require technical expertise unique to these electronic components. The authorized vendor has access to parts, software, and technical data / drawings required for properly maintaining the equipment and to provide technical support during the annual inspection.

B. XX Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company.

Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The JRSS system requires special proprietary software for functionality and administration of the ship's FLIR system, and require technical expertise unique to these electronic components. The authorized vendor has access to parts, software, and technical data / drawings required for properly maintaining the equipment and to provide technical support during the annual inspection.

C. XX 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:

1.. Date on which the requirement was identified: 7 March 2019

2.. Required delivery date / Period of Performance:

April 8-14, 2019 – to remove the FLIR unit April 19-May 15, 2019 – to reinstall and op-test

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

4 Ver 2.0 (01 July 2018)

3. Estimated production lead time: 2 Weeks

4. 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 FLIR system is part of the JHSV Remote Surveillance System (JRSS) and is required for the vessel to safely sail in accordance with 46 CFR Part 58.25-15. Additionally, this system is required on all international voyages per IMO and SOLAS regulations to safely navigate at night.

CTF-73 strongly urges all ships (particularly PM1 ships) to maintain full functionality of all shipboard interior Revision Dated 6/4/2013 Urgency Statement Control # N10X-17-X-XXXX communication system and associated devices.

5. CASREP Number: 19004

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.