Redacted Other than full and open.pdf

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Date: 21JUNE2024

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

TECNICO

b) the required delivery date/period of performance and

RDD: 09/30/2024

c) Its intended use.

EPF 12 HABMOD GFM; 120-DAY HABMOD VRA

POP:13NOV2024-13MAR2025, REQUESTING TECNICO SERVICES TO PROVIDE ALL HABMOD

MATERIAL AS GFM FOR ITEMS THAT TECNICO OWNS THE DRAWING AND PROPERITARY

DATA.

2. List the source(s) or known vendor(s) who can provide the above-described item or service.

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. XX 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.

TECNICO OWNS THE DRAWINGS AND DATA FOR THE MATERIAL THAT

THEY MANUFACTURED. THEY HAVE NO AUTHORIZED DISTRIBUTORS

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AND AS SUCH SELL DIRECT TO THE GOVERNMENT. THEY DO NOT SHARE

DRAWINGS OR DATA WITH OTHER VENDORS.

b. If drawings are included, who is identified as 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.

b. X STANDARDIZATION: Per MSCs standardization initiative, only the specified additional units or replacement items.

i. Identify Make / Model of existing equipment: TECNICO

ii. Identify other vessels with this Make / Model: EPF VESSELS 1-11.

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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: TECNICO

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

HABMOD material will support all CSI, CCSI, TALT, VRR Work Items scheduled for this 120-DAY HABMOD VRA TALT. Any configuration changes or equipment replacement during the execution of this availability must meet existing make and model requirements for proper function.

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. The responsible source has access to equipment, parts, provides service and technical data / drawings as required to properly repair, replace and maintain the equipment.

B. ___ 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:

2. Period of Performance:

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

4. Estimated production lead time: