Redacted DMS SSJ.pdf

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Date: ___10/15/2024____

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): REQ# N2319942954002 / ERP# 1301202741

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

Defense Maritime Solutions, Inc.

3617 Koppens Way Chesapeake, Va 23323

(757) 582-1089 Jenna.Whipkey@DMSAmerica.com

b) the required delivery date/period of performance and

___ RDD 1 FEB 2025 / POP – 17 FEBRUARY 2025 TO 17 MAY 2025

c) its intended use.

REQUIRED FOR REMOVAL AND REPLACEMENT OF THE RUDDERSTOCK FOR MPR FY25

ROH/DD

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

____ Defense Maritime Solutions, 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. _X_ 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.

Defense Maritime Solutions, Inc. HOLDS THE PROPRIETARY DWG AND THE

MACHINE TOLERANCE INFORMATION

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

Defense Maritime Solutions, Inc.

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.)

______Defense Maritime Solutions, Inc _____________________________________________

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: __ 10.6-002-ALL

ii. THE RUDDERSTOCK SYSTEM IS A CRITICAL ELEMENT OF THE

STEERING SYSTEM. THE RUDDERSTOCK REPLACEMENT

MAINTENANCE ACTIONS ARE REQUIRED; EQUIPMENT IS

SPECIFICALLY DESIGNED WITH CRITICAL TOLERANCES FOR

PROPER OPERATION.

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): Defense Maritime Solutions, Inc./

MARINE ROTARY VANE MODEL RV-2150-3 AND SHORTHORN RUDDER

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ii. Identify other vessels with this Make / Model: THE ENTIRE TAKE CLASS

SHIP; SHIP’S 1-14.

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:

Defense Maritime Solutions, Inc./ MARINE ROTARY VANE MODEL RV-2150-3

AND SHORTHORN RUDDER

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

THE T-AKE RUDDERSTOCK MUST MAINTAIN SIZE, SHAPE AND

CRITICAL TOLERANCE’S ALONG WITH OTHER CRITICAL STEERING SYSTEM

COMPONENTS. THE HARDWARE AND COMPONENTS ARE SPECIFICALLY

DESIGNED FOR THE T-AKE CLASS RUDDERSTOCK MAINTENANCE

REQUIREMENTS.______________________________________________________________

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.

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: 2 OCT 2024

b. Required delivery date / Period of Performance: _____ POP – 17 FEB 2025 TO 17 MAY

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

____Requirement was determined during FY23 MTA OCONUS. Preventive maintenance spares material will need to be acquired for FY25 availability planned maintenance.

Due to T-AKE Class history of Rudderstock maintenance, MSC requires replacement material, in order to replace the ship’s Rudderstock. MARINE ROTARY VANE MODEL RV-2150-3 AND

SHORTHORN RUDDER.

d. Estimated production lead time: ___________12 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.)

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__ 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. __

f. CASREP Number: __ NA___

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.