JA N2152493124002 Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 21 NOV 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N21524-9312-4002

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

Kongsberg Maritime Inc., 1731 13th Ave SW, Seattle WA 98134

b) the required delivery date/period of performance and

1 Jan 2020 / POP 1 Apr – 20 May 2020

c) its intended use.

2020 Ericsson MTA WI 0512 70K Overhaul on No. 4 SSDG

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

Kongsberg Maritime Inc., 1731 13th Ave SW, Seattle WA 98134 POC John Evans 206.782.9190 / 206.579.1424 (c)

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. 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.

Kongsberg Maritime Inc. purchased Bergen who was the manufacturer of the engines and owns all the proprietary rights and drawings of the internal components.

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

Kongsberg Maritime Inc. now owns all the drawings.

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.

Kongsberg is the only OEM retailer of the new parts, as per ABS and USCG for

Ship Critical equipment OEM materials and service technicians are required.

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.)

Kongsberg Maritime Inc., 1731 13th Ave SW, Seattle WA 98134 POC John Evans 206.782.9190 / 206.579.1424 (c)

3. OTHER REASON:

a. 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 PROCEDURE 10.6-002-AO/ALL

b. 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): ULSTEIN BERGEN DIESEL / KVBG-16

ii. Identify other vessels with this Make / Model:

ALL (15) T-AO’S

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.

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i. Identify Make / Model of existing equipment:

ULSTEIN BERGEN DIESEL / KVBG-16

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

CURRENTLY INSTALLED ON VESSEL IS THE KVBG-16 AND THE WORK ITEM

IS FOR THE RECOMMENDED OEM MAINTENANCE PERIOD. THE MATERIALS

TO BE PURCHASED ARE REQUIRED FOR ABS/USCG REGULATORY REQUIREMENTS

d. OTHER:

THE MATERIALS TO BE ORDERED MUST BE OEM AS PER REGULATORY

REQUIREMENTS FROM ABS AND USCG TO MAINTAIN ALL CLASS AND

VESSEL CERTIFICATES. PROCUREMENT OF NON-OEM MATERIALS WOULD

RESULT IN ABS AND USCG NOT RENEWING ENDORSEMENTS AND MAKE THE

VESSEL UNABLE TO COMPLETE MISSION.

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:

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