SSJ Redacted.pdf

Ver 2.0 (01 June 2018)

Date: ______10/30/2023_____________

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N23195-3303-S181

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 Part # ER-15-32L8321-DTSL-6AA2A Description: valve, solenoid, 2way

QTY: 2 EA

b) the required delivery date/period of performance and Material is required by 05 FEBUARY, 2024

c) It’s intended use.

The Material is Required for the repair of APL X231912AP6B MODEL NO. VALVE SOLENOID

2.00IPS 2-WAY 150PSI

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

Suggested Source of Supply (CAGE: 14561) MFG NAME: W&O Supply Inc Address: 5901 THURSTON AVE

VIRGINIA BEACH, VA 23455

COUNTRY: USA

Phone:(757) 217-2800 POC: cindy.jiannine@wosupply.com

Source of Supply (CAGE: 14561) MFG Name: MAGNATROL VALVE CORP Div: DIV CLARK-COOPER Address: 941 HAMILTON AVE

ROEBLING, NJ 08554-1707

Country: USA

POC: 8568294580

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.

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. 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:

b. STANDARDIZATION / BRAND NAME:

i. Identify Make / Model Number(s):

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:

Description APL/AEL P/N

VALVE, SOLENOID, 2WAY X231912AP6B ER15-32L8321-DTSL-6AA2A

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

Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configuration.

d. X 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. T-AKE engines require special tools and technical expertise unique to these engines; only approved provider is authorized to work on the highly sophisticated equipment. OEM reps 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 SOW

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 t he 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:

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.