Justification_Signed_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 1/29/2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2319190299001______________________________________

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

EMS DEV CORP OEM FOR ADVANCE DEGAUSSING SYSTEM

b) The required delivery date/period of performance and

June 14, 2019

c) its intended use.

Advance Degaussing System. Degaussing is conducted to counteract the ship’s magnetic field so that it becomes, as nearly as possible, magnetically invisible. If this condition could be achieved perfectly, the magnetic weapon could not detect the presence of the ship and would not explode. Even though the ship’s magnetic field cannot be completely eliminated, degaussing decreases the danger from magnetic weapons

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

EMS DEV CORP (CAGE 51435)_____________________________

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.

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a. Explain what is subject to the restrictive rights.

EMS Development Corp holds proprietary rights to the drawings and warranty on spares for T-

AKE Class Degaussing Systems. These spares are only available from EMS Development Corp and they are the sole representative by license agreement for this critical system.

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

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.

EMS Development Corp holds proprietary rights to the drawings and warranty for T-AKE Class

Degaussing Systems. These PARTS are only available from EMS Development Corp and they are the sole representative by license agreement for this critical system.

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: N0300-330.00-AQ Mission Specific _

b. _X____ 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): ADVANCED DEGAUSSING SYSTEM, BIPOLAR AMP. UNITS

ii. Identify other vessels with this Make / Model:

T-AKE CLASS OF VESSELS

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. ___X__ OTHER:

Other reasons not identified above (i.e., statutory requirement such as harbor pilot services): 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. Only OEM parts can be installed in this critical

DEGAUSSING system due to possible damage of the Advance Degaussing System used to conduct and counteract the ship’s magnetic field so that it becomes, as nearly as possible, magnetically invisible.

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: