Sole Source Redacted.pdf

1 Ver 2.0 (01 July 2018)

MEMORANDUM

Date: May 20, 2024

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS APALACHICOLA PR N umber(s): _1301165628

I. BACKGROUND:

1. In considering the references, FAR 13.106-l(b)(l)(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

Light Structures - Hull Monitoring System

b) the required delivery date/period of performance and

9/16/2024

c) its intended use.

To install Hull Monitoring System on EPF 13 and EPF 14 and any future EPF's that require upgrades.

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

_Light Structures

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. _XX_ 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.

2 Ver 2.0 (01 July 2018)

Light Structures is the OEM for the Hull Monitoring System nearing installation completion onboard the T-EPF vessels. Light Structures is the OEM who must accomplish system commissioning and the only contractor who can program the system and set hull sensor alarm limits. There no other distributors or authorized service reps.

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

LIGHT STRUCTURES

2. XX 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.

Light Structures is the contracted designer and installer and the only source capable of ensuring the correct material is procured to replace the spare parts as required for the T-EPF Class. The HMS is a complex system that monitors stress responses in the hull structure during operations and provides critical information about load margins and is engineered to specifications that only Light Structures would have access to at this time. Only Light Structures has access to proprietary technical data and has the expertise to identify and provide direct replacement parts, which must be compatible in terms of form, fit, and function with existing equipment or configurations.

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: Ifthere is more than one distributor I 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.

i. SMS Procedure Number: 10.6-002-ALL JHSV------------

b. STANDARDIZATION I 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):

ii. Identify other vessels with this Make / Model:

c.

for

_XX FORM, FIT, AND FUNCTION: Item is direct replacement parts / components existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

LIGHT STRUCTURES - Hull Monitoring System

ii. Describe how the equipment must be compatible with the existing configuration. These overhaul kits are by the OEM to maintain maximum fuction and proper operation.

This program is supported by an approved T-ALT and MSC leadership in support of Condition Based Class maintenance.

d. xx OTHER:

MSC does not have manufacturing and technical information required to evaluate and determine wither non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. This requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service reps 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, ASME, SOLAS, and ABS certification.

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: _N/A

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: $XXX.XX