redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 19 March 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS BRUNSWICK (EPF-6) 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

Request for parts for the AC Chiller Plant (CARRIER brand)

b) the required delivery date/period of performance and

Sept 9, 2019

c) its intended use.

Subject Chiller Plants support the vessel habitability and machinery cooling. These Chiller

Plants operate within the system and vessel design. The Chiller Plant temperatures, pressures, flow rates, electrical interfaces, piping interfaces and physical interfaces are required to be identical to the OEM equipment in order to ensure proper operation of the chilled water system.

The proper operation of the chilled water system is essential to control and maintain habitability and machinery cooling while performing missions underway.

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

HILL MARINE

608 SOUTH BROAD STREET

MOBILE, AL 36603-1109

QUALITY REFRIGERATION COMPANY, INC

1680 LOGAN AVENUE

SAN DIEGO, CA 92113

CARRIER MARINE

CARRIER MARINE SYSTEMS NORTH AMERICA

P.O. BOX 4805 CARRIER PARKWAY,TR-20

2 Ver 2.0 (01 July 2018)

SYRACUSE, NY 13221-4805

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. _XX_ 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.

The OEM for the JHSV CHILLER PLANTS is Carrier North America and is the only known OEM with the required Chiller Plant knowledge, experience, and proprietary information authorized to supply spare parts for the equipment installed on JHSV Class.

Carrier North America holds all proprietary rights to the drawings and patterns essential for repair of the Chiller Plants. This maintains all OEM warranties, ensures Chiller Plant reliability, and crew safety.

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

Carrier North America Drawing 633-512-01-408 Rev -.

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: __ SMS 10.6.002-01-JHSV

b. __XX__ 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.

3 Ver 2.0 (01 July 2018)

i. Identify Make / Model Number(s): Carrier North America / 26688-516-0800

ii. Identify other vessels with this Make / Model:

EFP Class

c. __XX__ 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:

Carrier North America / 26688-516-0800

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

The Chiller Plants require a right-fit to various interactions with other ship systems.

In order to maintain current configuration as set under APL X297848VRTY and

X297848VRUB it is mandatory that only OEM parts be utilized.

d. __XX__ OTHER:

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. The JHSV Chiller Plants require special tools and technical expertise unique to this equipment; only authorized OEM parts and service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification.

B. __XX___ 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.

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.

The OEM for the JHSV CHILLER PLANTS is Carrier North America and is the only known OEM with the required Chiller Plant knowledge, experience, and proprietary information authorized to supply spare parts for the equipment installed on JHSV Class. Carrier North America holds all proprietary rights to the drawings and patterns essential for repair of the Chiller Plants. This maintains all OEM warranties, ensures

Chiller Plant reliability, and crew safety.

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 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: