Attachment I - Other than Full and Open Competition - Redacted.pdf

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Date: 06 May 2024

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

ROLLS ROYCE MARINE NORTH AMERICA (RRMNA) & KONGSBERG MARITIME, INC (KMI)

b) The required delivery date/period of performance and

30 October 2024

c) Its intended use.

The following T-AO 205 Class Controllable Pitch Propeller (CPP) System parts are being procured with the intent to be used at a later time as Government Furnished Material (GFM) onboard the USNS Harvey Milk

Part Number Stock Number Description Quantity F067061 0000T22246TVI Lubricant 4 F067211 0000T22246TVJ Sealing Compound 4 F067665 0000T22246TWA Lubricant 4 F083197 0000T20512757 O-Ring 8 F088083 0000T23881176 O-Ring 12 K160853 Socket Head Screw 64 R518926B Break Bolt 8 R953019A 0000T20512727 Plug 12 RRM200012858 Oil 6 K49932 0000T20512756 O-Ring 4 F088273 0000T20512304 O-Ring 2 F088230 0000T20512303 O-Ring 2 F083452 0000T20512296 O-Ring 2 F088357 0000T20512305 O-Ring 2 F088103 0000T20512300 O-Ring 4

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K166820 0000T20521311 Gasket 2 K166821 0000T20512307 Gasket 2 F088201 0000T20512590 O-Ring 4 F088138 0000T20512591 O-Ring 4 KMW062843 Plug 16 RRM200034783 Locking Pin 64 KMW067061 Lubricant 4 KMW067665 Grease 4 RRM200032017 Screw 4

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

Rolls Royce Marine North America (RRMNA), 110 Norfolk Street Walpole, MA 02081

Kongsberg Maritime, INC (KMI), 10777 Wertheimer Road, Suite 1200 Houston, TX 77042

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.

The T-AO 205 Class Controllable Pitch Propeller (CPP) System parts and services are not available outside of RRMNA or KMI. The engineering, technical characteristics, constructive drawings, manufacturing procedures, tolerances, and installation procedures for the systems/items manufactured parts are proprietary to KMI and, per licensing agreement, RRMNA has full rights

to. To date RRMNA and KMI do not share proprietary data or authorize outside vendors/manufactures making them the only known sources in North America to provide the required supplies. The Government did not, nor has interest at this time, to acquire proprietary rights in the above-described matters.

b.

N/A

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.

KMI is the Kongsberg North American OEM, and licensing agreements exist with RRMNA allowing them the use of Kongsberg Intellectual Property to include proprietary rights to data/drawing, updated repair procedures, specific trade information, rights to marketing, distribution, and corrective/preventative maintenance procedures associated with the T-AO 205 Class Controllable Pitch Propeller (CPP) System, which is not available in North America outside of RRMNA or KMI.

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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.)

RRMNA or KMI are the only authorized distributor of these OEM required supplies.

3. X OTHER 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.

i. SMS Procedure Number: These systems are required for propulsion and steering; failure of which would result in the vessel not being able to perform its required national defense mission. SMS number 10.6-002-these systems/items as L4 critical equipment; on a scale from L1-L4 with L4 being the most regulatory body requirements, MSC policy, and OEM recom for these systems/parts as required by the United States Coast Guard (USCG) and American Bureau of Shipping (ABS) regulations and are the only authorized manufacturer and distributor of these OEM required supplies and services or have obtained the rights from the OEM to provide the supplies and services. Competition will be limited to RRMNA or KMI who are the respective ed supplies and services or have obtained the rights from the OEM to provide the required supplies and services.

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

i. Identify Make / Model Number(s):

ii. Identify other vessels with this Make / Model:

c. _____ 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:

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

d. X OTHER:

MSC does not have manufacturing and technical information required to evaluated and determine whether non-OEM and replacement parts offered are equivalent to OEM components and replacement parts. T-AO propeller system (and corresponding servicing) require special tools, specialized repair parts, and technical expertise unique to these vessels. Only approved OEM parts are authorized to be installed on the highly sophisticated equipment. The OEM REP has access to provide parts and technical data/drawings from the original manufacturer, as required to properly repair and maintain the equipment. All OEM repair parts are in compliance with USCG and ABS IMO regulatory requirements.

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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. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date

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