SSJ SoleSourceIDS-AWSmaterialN2900393294001 REDACTED.rtf

Ver 2.0 (01 July 2018)

Date: 11/25/2019

MEMORANDUM

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

Ref: (a) PR Number(s): N2900393294001

BACKGROUND:

In considering the references, FAR 13.106-1(b)(l)(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 the name of the required source or brand name

Fairlead Integrated Power & Controls Denise Hawley Fairlead Integrated Power & Controls (757) 277-9164 (Direct)

(757) 312-0574 Ext 142 (Main)

(757) 312-0674 (Fax)

(252) 619-6264 (Mobile) dhawley@fairleadint.com the required delivery date/period of performance and

Repairs to ships intrusion detection system

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

Fairlead Integrated Power & Controls Denise Hawley Fairlead Integrated Power & Controls (757) 277-9164 (Direct)

(757) 312-0574 Ext 142 (Main)

(757) 312-0674 (Fax)

(252) 619-6264 (Mobile) dhawley@fairleadint.com Ver 2.0 (01 July 2018)

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

X Only one responsible source (select all that apply):

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.

The shipboard Intrusion Detection System {IDS) is Fairlead Integrated Power and Systems (Formerly Miller Integrated Power & Controls) design. Fairlead Integrated Power and Systems has proprietary information for the T-AKE shipboard IDS. This includes proprietary rights to the replacement parts, software, and programming codes essential for repair and programming.

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

Fairlead Integrated Power and Systems

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 I authorized technical representative for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. (NOTE: ff there is more than one distributor I authorized technical representative, then use Part B- Brand Name.)

X OTHER REASON:

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.

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.

Identify Make/ Model Number(s) Beach Panel Controls Model BPC50001AG

Identify other vessels with this Make/ Model: T-AKE Class

FORM, FIT, AND FUNCTION: Item is direct replacement patis / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment I configurations.

l. Identify Make / Model of existing equipment:

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

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. Only the OEM technical representative can provide services as requested under Statement of Work to maintain system safety and integrity. Similar companies do not have the required technical data and OEM repair parts to review, test, and repair these systems. Not having fully functional and operational IDS will impact the safety of the crew and the safe operation of the vessel. The IDS is a unique commercial systems that require OEM technical representatives for design and maintenance support. The OEM holds proprietary technical data for repairs and adjustments of the T-AKE IDS and hold proprietary technical data required to meet the Statement of Work. The T-AKE IDS require special tools and technical expertise unique to these plants; only an approved provider is authorized to work on the highly sophisticated equipment. OEM technical Representatives have access to provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS certification for maintenance as noted under the SOW

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:

Required delivery date I Period of Performance.

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

NIA

Estimated production lead time: 15 weeks

Explanation of why delivery I commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number:

ANTICIPATED DOLLAR VALUE OF PROCURMENT: