Sole_Source_Memo_FBO.docx

Date: 22 March 2019

MEMORANDUM

Subj: MISSILE SIDE LOADER BATTERIES - USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

Ref: (a) MSC NORFOLK, PR Number(s): N3220590814001

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. Purchase of HUBTEX Missile Side Loader 72V-Batteries.

a) the name of the required source or brand name

ENERSYS.

b) the required delivery date/period of performance and

RDD: 03 JUN 2019.

c) its intended use.

Battery installation on HUBTEX VQ45/4 (9.5K) Missile Side Loader (MSL) assets.

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

ENERSYS – Power/Full Solutions 2366 Bernville Road Reading, PA. 19605 Phone: (800) 538-3627, Email: www.EnerSys.com

**POC: Mr. Rob Brock – Senior Sales Engineer **Phone: (434) 270-1862, Email: rob.brock@enersys.com

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

1. _____ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

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: 10.6-002- All.

b. __XX___ 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): HUBTEX Model VQ45/4.

ii. Identify other vessels with this Make / Model: All T-AKE Class Vessels.

i. Identify Make / Model of existing equipment:

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

d. __XX___ OTHER:

__The ENERSYS ‘SmartHog’ 72V (GEL) Maintenance-free Battery (incl. tray) being requested is the only ‘shipboard-approved’ EE-rated battery accepted by PHS&T Center for the HUBTEX V45/4 (9.5K) Missile Side Loader asset that meets all required NAVSEA specification and testing requirements.

4. __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:

a. Date on which the requirement was identified: 4 March 2019

Requirement was previously submitted using NSN to DLA. DLA could not meet RDD.

d. Estimated production lead time: 6-8 Weeks after contract award

Side Loaders are used for handling and transporting Missiles on board the ship. This is required by MSC Instruction that only Missile Side Loaders are authorized to move and transport missiles on board the vessel. If these batteries are not purchased, the risk to loss of mission capability is imminent.

f. CASREP Number: N/A

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

1 Ver 2.0 (01 July 2018)