A7 Use of Other than Full and Openredacted signed .pdf

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Date: _03/05/22

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2101521234012

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

_ Provide the services of Propulsion system Inc. (OEM), an ABS recognized Marine Propulsion shafting repair facility to refurbish two PMC Valves. Valves are currently located at MSC warehouse Norfolk Virginia. Valves to be shipped from warehouse to PSI facility by MSC

b) The required delivery date/period of performance 15 September 2022/ POP 23 June 2022 to 30 September 2022

c) Its intended use.

To refurbish two PMC Valves in support of USNS Catawba upcoming Dry-docking

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

Propulsion System Inc.

609 NW 45th Street Seattle Washington 98107

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.

Propulsion System INC. is the OEM for T-ATF Class ship’s Propulsion Control system onboard PSI as the OEM can provide OEM replacement and USCG approved CPP parts, and has the qualified technical and engineering services personnel to refurbish the two PMC Valve. They have the requisite knowledge and experience on the T-ATF class of ships.

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

_Propulsion System Inc.

2. _x____ 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.

Propulsion System INC. is the OEM for T-ATF Class ship’s Propulsion Control system onboard PSI as the OEM can provide OEM replacement and USCG approved CPP parts, and has the qualified technical and engineering services personnel to refurbish the PMC Valves. They have the requisite knowledge and experience on the T-ATF class of ships. There are no service ready spares available in the stock system to support this requirement. PMC Valves are considered critical part of the propulsion system; failure to install properly refurbish or new PMC valves reduces the propulsion capability and maneuverability of the ship which leads to degraded mission capability.

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.)

Propulsion System Inc.

3. 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: _ SMS Procedure Number: 10.6-002-01-ATF.

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): _PSI E-85-4

ii. Identify other vessels with this Make / Model:

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:

PSI PMS-103005LH

PSI PMA-103006RH

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

_PMC Valves are specifically manufacture to fit the shafts control system of the T-ATF class of ships and of such must be able to fit exactly as the original to OD Box without any modification or alteration. All connection points must aligned.

d. OTHER:

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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: 03/05/2022

b. Required delivery date / Period of Performance: _09/15/2022/ POP 23/6/2022 TO 09/30/2022

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: 12-15 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.)

Commencement date is to allow for shipping time for hubs from government to vendor _

f. CASREP Number: NA

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $ $16000.00__

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

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Propulsion System Inc.