SSJ.docx

Date: Oct 07, 2019

MEMORANDUM

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

Ref: (a) PR Number(s): N21370

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. L-3 Henschel to attend the USNS Kaiser and remove obsolete equipment and replace with updated Equipment per approved Phase II T-ALT 912. Representative to attend vessel and Groom Engine Room Control and Monitoring Systems.

a) the name of the required source or brand name L-3 Henschel 90 Nemco Way Ayer MA. 01432 POC: Heather Schartner PH#: 978-427-9507 Email: Heather.Schartner@L3T.com

b) the required delivery date/period of performance and Period of Performance: Nov 25 thru Dec. 22, 2019

c) its intended use.

The Engine Room Control Console Systems controls and monitors Engine Room Propulsion Equipment. The system controls and monitors the Main Engines, Ship Electrical Generating Equipment, Systems that support lubrication and cooling of this systems. The ERC console also Controls the main Propulsion Shafts, and Propeller movement.

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

L-3 Henschel 90 Nemco Way Ayer MA. 01432 POC: Heather Schartner PH#: 978-427-9507 Email: Heather.Schartner@L3T.com

Ver 2.0 (01 July 2018)

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

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

1. X 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.

L-3 Henschel is the OEM for the ERC control and monitoring equipment. Repair and replacement of equipment is only to be performed by the OEM.Since these items are part of the main propulsion system these items are classified by the Safety Management System (SMS) number 10.6-002-ALL as propulsion. L-3 Henschel is the World Wide OEM authorized Representatives and in accordance with MSC Managers Internal Control-Quality Management System Procedures Manual N0750-100.00-AQ MSC Ship Critical Safety Item- Parts and Service Support only OEM, OEM Technical Representatives (That possess OEM qualifying Documents) or Non-OEM that have been Qualified by MSC N7 Engineering Design Control Activity (DCA) can work on the ships critical equipment. Only one (1) company is deemed the OEM Representative and that is L-3 Henschel

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

L-3 TANO

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:

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. OTHER:

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. The reason for the large difference in the number of days is due to ships force trying to trouble shoot the system to see if they could fix the issue. They have not been be able to resolve the issue to date.

d. Estimated production lead time: NA

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:

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date