Redacted Other Than Full and Open.pdf

1 Ver 2.0 (01 July 2018)

Date: 27 NOV 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

COSPLICH INC.

b) the required delivery date/period of performance and

RDD: 07/03/2025

c) its intended use.

TO SUPPORT EPF-12 HABMOD GFM MATERIAL HABMOD ROH POP: 11 AUG 2025-21 NOV

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

COSPOLICH INC

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. ___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.

____COSPOLICH INC OWNS THE DRAWINGS FOR THE GFM MATERIALS REQUIRED

FOR THE SALAD BAR REQUIRED FOR THE UPCOMING FY25 HABMOD VRA.

2 Ver 2.0 (01 July 2018) b.

____COSPOLICH 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.)

3. __XX___ 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.

i. SMS Procedure Number: ___________________________

b. ___XX__ STANDARDIZATION / BRAND NAME: Per MSCs standardization needs for additional units or replacement items.

i. Identify Make / Model Number(s): ____

-2M-SN-MLR54)

ii. Identify other vessels with this Make / Model:

c. ___XX__ 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:

COSPOLICH: SALAD BAR, 54" W X 28" D X 30" H (P/N: CFC3T-2M-SN-MLR54)

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

These overhaul kits are by the OEM to maintain maximum function and proper operation.