1D SOLE SOURCE -Appleton Crane Winch Repair Casrep 22-029 LDL 1 (2).pdf

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Date: 16 May 2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301142508

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 forthis 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

OEM Appleton Marine Inc.

b) the required delivery date/period of performance and

10 June 2024 – 30 September 2024

c) its intended use.

Request OEM Crane Winch (YMD-8844) for repair.

THIS IS A CASREP REPAIR 22-029

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

Appleton Marine Inc.

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.

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a. Explain what is subject to the restrictive rights.

Appleton Marine holds proprietary design data for the ships crane.

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

Appleton Marine, 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.

Appleton Marine Inc. is the only provider which holds proprietary information and knowledge required to inspect, repair the ships crane and rebuild the associated crane parts in accordance with ABS requirements.

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. XOTHER 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.

SMS Procedure Number: SMS 10.6.002- All (Lists the EPF Crane as MSC Critical Equipment).

The ships crane represents the only method for the ship to move material from the mission deck to the flight deck and from the vessel to the pier. The crane is also man-rated and required for mission operations. This man-rating requires OEM only parts in order to comply with ABS rules and regulations. The crane is the ships only method to accomplish these tasks.

b. STANDARDIZATION: Per MSCs standardization initiative, only the specified

3 Ver 2.0 (01 July 2018) make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s):Appleton Marine Inc./EB230-49-33 / Winch

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YMD-8844

ii. Identify other vessels with this Make / Model:

EPF Class

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.

iii. Identify Make / Model of existing equipment:

Appleton Marine, Inc./EB230-49-33 / Winch YMD-8844

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

Crane Winch must fit on crane and work with all hydraulic controls and be able to make use of the personnel lifting capabilities.

c. OTHER:

B. Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company.

Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. 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:

1. Date on which the requirement was identified: 22 NOV 2022

2. Period of Performance: 10 JUN 2024 – 30 SEPT 2024

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

Ship was on mission and just returned to port to be able to identify cause of issue.

3. Estimated production lead time: N/A

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4. 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.)

MSC does 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. The EPF crane requires special tools and technical expertise unique to this equipment; only authorized OEM parts and OEM service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification. The crane provides lifting support for ship services in port and to support mission essential equipment while underway. If the crane is not repaired, it will degrade ships ability to support CTF-53 mission requirements for upcoming missions.

CTF-53 strongly urges all ships (particularly PM1/PM8 ships) to maintain full functionality of all shipboard Lifting systems and associated devices. This system is vital in its support of CTF53 associated missions.

Appleton Marine, Inc. is the only capable OEM technical services that arefully compatible providing with the existing Ships Crane infrastructure for the USS Choctaw County. The shipboard Crane and associated devices and hardware to be repaired will form part of an integrated enterprise which already contains similar components, introducing alternate, untested products is not authorized and poses an unacceptable risk to the success of the missions to be performed, and would impose additional costs to the enterprise as a whole in terms of sustainment support. Obtaining Appleton Marine expertise for the Crane, will repair important equipment that and will ensure that General Technical Requirements (GTR) can maintain compliance with

JHSV.

5. CASREP Number: 22-029

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