Sole Source Memo_Redacted.pdf

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Date: _29JAN2020__ MEMORANDUM Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ____ N2158293184005_____________________

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/Rolls‐Royce/Bergen

b) the required delivery date/period of performance and

15APRIL2020

c) its intended use.

Repair parts for the SSDG Bergen engines

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 US ‐ 98134 SEATTLE WA

ROLLS‐ROYCE NORTH AMERICA INC., Walpole, MA

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):

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1. _____ 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.

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

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. _____ 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): ___________________

ii. Identify other vessels with this Make / Model:

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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.

i. Identify Make / Model of existing equipment:

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

d. __X__ OTHER:

OEM parts are required for all critical equipment onboard TAO class ships. Proper refurbishment and maintenance of the SSDG are critical to the safe operation of the T‐AO Class Vessels. Factory authorized suppliers provide parts and technical data/drawings from the original manufacturer as required by USCG and ABS regulations. This maintains all OEM warranties, ensures equipment reliability, and crew safety therefore precluding consideration of a product manufactured by and services from another company.

Safety Management Systems (SMS) number 10.6‐002‐ALL lists the SSDGs as critical equipment.

Failure of the SSDGs would restrict the ship to port unable to perform its required mission. Proper refurbishment and maintenance of the SSDGs are critical to the safe operations of the T‐AO Class Vessels.

MSC does not possess or have the data rights to the manufacturing drawings and processes, OEM specifications, material tolerances, and other technical data pertaining to the parts, and is unable to purchase the data rights due to proprietary reasons. Accordingly, the manufacturing, special tools, and equipment required to manufacture the parts used for the OEM parts is not known to MSC. MSC does not have the manufacturing and technical information required to reverse engineer nor manufacture the parts, and procuring alternative replacement parts will compromise the required reliability and effectiveness of the SSDG installed on the T‐AO Class ships.

4. ___X_ 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: ______14NOV2019___________

b. Required delivery date / Period of Performance: _____15APRIL2020_______

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

This requirement was originally submitted 14NOV2019 and placed in the

RollsRoyce IDIQ to-do box. However, it was not acted upon. Therefore, it is now to be placed as a limited source to Kongsberg.

d. Estimated production lead time: _8 weeks_________________

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.)

___The parts are required for the scheduled overhaul of the SSDG engine that is to be accomplished during the upcoming ROH 14MAY2020-28July2020.

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

V. CERTIFICATIONS AND APPROVALS:

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.

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