J&A_USNS_YUMA_OTHER_THAN_FULL_&_OPEN_rev1_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 24 Oct 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): __ N2979192534005__________________________________

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

General Dynamics – Mission Systems

b) the required delivery date/period of performance and

6 Jan to 5 Mar 2020 MTA

c) its intended use.

System grooming and inspection

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

General Dynamics Mission Systems

1615 Murray Canyon Road San Diego, CA 92108

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. _____ 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.

The JSCE, JIVIC, JRSS JETS and JWIVS system onboard the USNS YUMA are restrictive to GDMS. GDMS authorized representative is the O.E.M. Similar communication system companies do not have the required technical data, proprietary software access and software diagnostic tools to

2 Ver 2.0 (01 July 2018) review, test, and repair this system. The GDMS Communication System is unique to JHSV. Very little training has been provided to vessel crew. The identified representative is the only known representative for the combined system components known to provide support.

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: None

b. 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.

i. Identify Make / Model Number(s): Interior Voice Communication System (JIVCS) and the JHSV Ship Computing Environment (JCSE)

ii. Identify other vessels with this Make / Model:

EPF Class

c. X 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:

Interior Voice Communication System (JIVCS) and the JHSV Ship Computing Environment (JCSE)

3 Ver 2.0 (01 July 2018)

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

Current configuration needs annual servicing by qualified GDMS technician to conform to maintain system operational capabilities.

d. X OTHER:

The Sound Powered Telephone (SPT), as part of the JHSV Interior Voice Communication System (JIVCS) is required for the vessel to safely sail in accordance with 46 CFR Part 58.25-15 (Voice Communications), 46 CFR Part 32.30 (Sound Powered Telephone), and 46 CFR 130.440 (Communications System).

Additionally, this system is required on all international voyages per IMO and SOLAS regulations.

The internal communication system is extremely vital to the ships daily operation involving voice and sight communications, as well as the ship's overall mission. Faulty internal communication equipment places the vessel in grave danger if an emergency were to take place.

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: _________________________________________

I.

4 Ver 2.0 (01 July 2018)

II. 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.

NGUYEN.VAN.P.12590

37790 Requester Signature / Date

MIDKIFF.STEPHEN.BRA

Digitally signed by

NGUYEN.VAN.P.1259037790

Date: 2019.10.24 07:31:40 -04'00'

Digitally signed by

MIDKIFF.STEPHEN.BRANT.1117360640

NT.1117360640 Date: 2019.10.29 11:58:47 -04'00'

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

ROSSIK.MICHAEL.E

.1009657726

Digitally signed by ROSSIK.MICHAEL.E.1009657726 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=ROSSIK.MICHAEL.E.1009657726 Date: 2019.10.31 13:50:37 -04'00'

EAST.HEATHER.JA

MILA.1030364402

Digitally signed by

EAST.HEATHER.JAMILA.1030364402

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=EAST.HEATHER.JAMILA.1030364402 Date: 2019.10.29 12:54:35 -04'00'

Date: 24 Oct 2019