MOR-20-011solesourceEmergencyfirePumpreplace.doc

Ver 2.0 (01 July 2018)

Date: 12/02/2019

MEMORANDUM

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

Ref: (a) PR Number(s): N2900393369001

BACKGROUND:

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).

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.

DESCRIPTION OF ITEM OR SERVICE:

Provide a description of the item or service required, to include

Emergency Fire Pump, pump assembly.

the name of the required source or brand name

Buffalo Pumps, Tonawanda, NY the required delivery date/period of performance and

Material required in Far east by 1 May 2020.

its intended use.

Material for pump overhaul

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

General Electric

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

Only one responsible source (select all that apply):

X RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

Explain what is subject to the restrictive rights.

Buffalo Pumps owns the proprietary rights to the design for the various pumps. Buffalo Pumps will only sell direct and has no authorized distributors.

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

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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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

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.)

OTHER REASON:

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.

SMS Procedure Number: 10.6-002-ALL

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.

Identify Make / Model Number(s): BUFFALO PUMPS NA2007

Identify other vessels with this Make / Model:

USNS LEWIS AND CLARK, USNS SACAGAWEA, USNS ALAN SHEPARD, USNS RICHARD BYRD, USNS ROBERT PEARY, USNS AMELIA EARHART, USNS CARL BRASHEAR, USNS WALLY SCHIRRA, USNS MATTHEW PERRY, USNS CHARLES DREW, USNS WASHINGTON CHAMBERS, USNS WILLIAM MCLEAN, USNS MEDGAR EVERS, USNS CESAR CHAVEZ

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.

Identify Make / Model of existing equipment:

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

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X OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts offered are equivalent to the OEM components and replacement parts. The OEM has access to procure parts, provide service and technical data / drawings as required to properly repair, replace and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

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:

Date on which the requirement was identified: 11/12/2019

Required delivery date / Period of Performance: 5/1/2020

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

N/A

Estimated production lead time: 180 days

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.)

Material is for critical damage control equipment.

CASREP Number: 19-063

Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Contract Specialist / Date