Sole_Source_CBG_Panels___N3220519Q6704.pdf

1 Ver 2.0 (01 July 2018)

Date:7/31/2018

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

CBG Systems

b) the required delivery date/period of performance and

01 OCT 2018 / 05 NOV 2018 – 10 JAN 2019

c) its intended use.

Fire Protection Panels

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

CBG Systems PTY LTD

09 Bender Drive

Derwent Park

Tasmania, Australia 7009

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.

danielle.hinton Typewritten Text N2979182144002

2 Ver 2.0 (01 July 2018)

The requested hatches and their hardware are part of the Rapid Access Composite

System installed on board the EPF Class, and manufactured solely by CBG Systems. This system is a rated fire boundary to help protect the aluminum structure in case of a fire. The details in manufacturing the Inspection Hatches are provided on drawing number SFP-

HAT-ACC-200-200 and are clearly marked as proprietary information. The need for CBG

System to manufacture and deliver these doors is to maintain the fire boundary integrity of the Rapid Access Composite System.

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

CBG Systems

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: 10.6-002-ALL

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): CBG Systems

ii. Identify other vessels with this Make / Model:

panel-rac-2382-1182-16.5

c. __X___ 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:

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3 Ver 2.0 (01 July 2018)

CBG Systems / panel-rac-2382-1182-16.5

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

Equipment must physically interface with existing fire protection panels and provide a fire-tight seal between the access panel and the fire protection panel and between the access door and the access panel frame. This fire seal protects the ships structure, safety, damage control and survivability.

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: ______________________________

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 t he 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: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $ 52,000.00