Pages_from_SSJ_Air_Receivers_SBS_FY_19_Signed-2_Redacted.pdf

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Date: 1/15/2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Sauer Compressors USA

b) the required delivery date/period of performance and

7/1/2019

c) its intended use.

Air Receivers

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

Sauer Compressors USA

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):

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.

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

The OEM for the EPF Main and Emergency Air Receivers is Sauer Compressors USA and is the only known OEM with the required Air Receiver knowledge, experience, and proprietary information authorized to supply spare parts for the equipment installed on EPF Class. Sauer

Compressors USA holds all proprietary rights to the drawings and patterns essential for repair of the Main Air Receivers. This maintains all OEM warranties, ensures Main Air

Receivers reliability, certifications, and crew safety.

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): 087326 and 087214

ii. Identify other vessels with this Make / Model:

ALL EPF CLASS SHIPS.

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: Sauer Compressors, 087326 and

087214

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

_ High Pressure Air and Engine Start Air Systems. These receivers operate within the system and vessel design. The receiver pressures, volume, foundation interfaces, piping interfaces and certifications are required to be identical to the OEM equipment in order to ensure proper safe operation of the high pressure air system. The proper operation of the high pressure air system is essential to enable starting of both main propulsion engines and generators while performing missions underway.

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 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: N/A

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: