N3220524Q0088 JA_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 08 September 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Cookson Door Company/ Cornell Iron Works

b) the required delivery date/period of performance and

05 April 2024 delivery date for USNS Joshua Humphreys ROH from 20 May 2024 to 01 Sept 2024

c) its intended use.

Replacement fire roller curtain doors.

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

Cookson Door Company/ Cornell Iron Works; CAGE 07711

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):

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.

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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. _XX__ OTHER REASON:

a. _XX__ 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.

a. SMS Procedure Number: 10.6-002-01-AO

b. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only additional units or replacement items.

i. Identify Make / Model Number(s):

FD-5-10.0FT X 8FT. 6IN. & FD-5-13.0FT X 8FT. 6IN 752

ii. Identify other vessels with this Make / Model:

All TAO 187 Class Vessels

c. _XX_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:

FD-5-10.0FT X 8FT. 6IN. & FD-5-13.0FT X 8FT. 6IN 752

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

These are direct replacements for currently installed doors for the forward truck tunnel (fos'cle) and house truck tunnel (forward and aft). The doors are fire rated and part of the shipboard fire control plan. Below are specific information:

1) Quantity of one each (1 #ERD10. Door to confirm to all Cookson door model #ERD10 requirements: an opening

-insulated, 18

3 Ver 2.0 (01 July 2018) gauge, galvanized steel, gray galvanized steel, 3 HRS UL & CUL fire label. Thru wall fuse link and to include one (1) electric operator model pro-ghe150 1 ½ horsepower 460/3/60 MICANAN logic control operator (or equivalent with form fit & function) to be wall mounted and includes one (1) NEMA 1 surface mounted 3 button push button station.

#ERD10 (or equal). Door to confirm to all Cookson door model #ERD10 requirements:

insulated, 18 gauge, galvanized steel, gray galvanized steel, 3 HR UL & CUL fire label.

Thru wall fuse link and to include one (1) electric operator model pro-ghe150 1 ½ horsepower 460/3/60 MICANAN logic control operator (or equivalent with form fit & function) to be wall mounted and includes one (1) NEMA 1 surface mounted 3 button push button station. Doors shall be individually crated, for international shipment (minimum crating requirement for international shipment is ISPM 15 either heat treatment (HT) or methyl bromide (MB) ISPM 15 fumigation).

d. _XX_ OTHER:

ABS and USCG will not allow the installation of any system not regulatory body certified. The ship system configuration was designed to utilize Cookson Door Company that is certified, shipboard electrical rated, and shipboard fire rated. The use of any other roller door systems will required reconfiguration of the entire system. Military Sealift Command ships do not have manufacturing and technical information required to evaluate and determine whether non- OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. In addition, as the doors are fire rated and part of the fire plan, modification would also require revalidation of the plan by ABS and USCG.

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:

IV.

4 Ver 2.0 (01 July 2018)

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.