LIMITED_SOURCE-N2158291424001-PECOS.Redacted_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: _20 MAY 2019_

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS PECOS T-AO 197, PR Number(s): _N2158291424001

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

MHE SERVICES (MAINTENANCE AND REPAIRS) FOR CERTIFICATIONS AND WEIGHT

TESTING IN SUPPORT OF THE USNS PECOS LOCATED IN SINGAPORE (C7F AOR). _

b) the required delivery date/period of performance and

POP: 17 JUN 2019 to 28 JUL 2019

c) its intended use.

SAFETY RE-CERTIFICATION OF USNS PECOS MATERIAL HANDLING EQUIPMENT (MHE)

ASSETS._

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

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

BASED ON THE FOLLOWING (select all that apply):

A. __X__ LIMITED SOURCE (select all that apply):

2 Ver 2.0 (01 July 2018)

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.

SOW requires a trained /qualified technician thoroughly familiar with the repair and maintenance of Hyster MHE and experience to read Hyster diagnostic software codes. Hyster controls the proprietary rights to this software which allows for the diagnosis of equipment issues. Hyster controls the proprietary rights to CP Service Tool software. This software provides equipment faults allowing the repair activity to properly identify and conduct the necessary repairs. Without these codes the equipment can not be properly maintained which would cause the ship to not be able to execute its mission.

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

Hyster is the manufacturer which has access to business sensitive technical manuals, drawings, and software proprietary rights.

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: __ 7.6-001.ALL__

ii. MHE is required for MSC vessels to perform Combat Logistics missions.

Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels.

b. _____ 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): ___________________

3 Ver 2.0 (01 July 2018)

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. __X__ OTHER:

This is a complete periodic Maintenance Service to the Material Handling Equipment (MHE) which is to be performed in support of USNS PECOS. 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. Hyster has access to replacement parts, software, and technical data/drawings required for properly maintaining the equipment to provide technical support for routine/annual inspections. The Source(s) referenced above are the only known service provider(s) that have displayed the capability to meet the requirements identified in the SOW.

B. _____ 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.

C. _____ 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

4 Ver 2.0 (01 July 2018) 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: ______________________________

2.. Required delivery date / Period of Performance: _____________________________

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

3. Estimated production lead time: ______________________________

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.)

5. CASREP Number: _________________________________________

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.

5/22/2019

X

Requester Signature / Date

5/22/2019

X

Level Higher (Suppo / SPE / ASPE) / Date

5 Ver 2.0 (01 July 2018)

Contract Specialist / Date

Contracting Officer / Date