Redacted Rev N231913353W564 SSJ.pdf

1 Ver 2.0 (01 July 2018)

Date: ___01/30/2024______

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS LEWIS AND CLARK (T-AKE 1) PR Number(s): N231913353W564

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

ELECTRO-MECHANICAL FOG BELL / PN HMC-KB30 QTY:1

b) the required delivery date/period of performance and

RDD 04/04/2024

c) its intended use.

REPAIR ELECTRO MECHANICAL FOG BELL

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

HOSE-MCCANN

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.

Hose-McCann is the OEM of the General Alarm System for thr T-AKE Class Ships. Hose Mccann holds required knowledge, experience and proprietary information capable to validate, provide replacement parts and reprogram the software inherent to the GA system installed on the T-AKE Class. Hose McCann holds all

2 Ver 2.0 (01 July 2018) proprietary rights to the software, parts and programming codes essential for the repair and programming the Hose-McCann GA System and 2225 PA/General Alarm System.

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

HOSE-MCCANN

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. __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): Hose-McCann PN HMC-KB30

ii. Identify other vessels with this Make / Model: TAKE-1

c. __X__ FORM, FIT, AND FUNCTION: The required items are 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.

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d. 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. The T-AKE GA system and PA/General Alarm System require special tools and technical expertise unique to this equipment: Only authorized OEM services are authorized to work on this highly sophisticated equipment. OEM reps have access to provide parts and technical data I drawings from the original manufacturer as required by USCG and ABS certification. The vendor must have the proprietary software rights to manipulate the controls of the General Alarm System if required.

4. _X_ 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: 01/18/2024

b. Required delivery date / Period of Performance: RDD 04/04/2024

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: 6-8 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.)

CASREP 23-036 (C2) – ELECTRO-MECHANICAL BELL (FOG GONG) - FWD Fog Gong failed in during operation. Ship is unable to sound bell during any marine traffic. Vessel may not be able to warn other ships while transiting thru restricted areas. Suppo submitted part order immediately to PMO. Material has a minimum lead time of 60 days.

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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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.

Contracting Officer / Date