Use of Other than Full and Open for SAT 2_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 04 March 2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301223852

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

Fire Dex

b) the required delivery date/period of performance and

20 June 2025

c) its intended use.

Each Civilian Mariner Crew Members training as a firefighter must don FFE Jacket and Pants, which are personal protective garments that must be worn during fire training to protect them from the heat, burns or scolds.

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

Municipal Emergency Services, C.W. Williams, Emergency Vehicle Specialists. Fire Safety Services Inc., Metro Fire Apparatus specialists, Inc

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

ON THE FOLLOWING (select all that apply):

A. _____ Only one responsible source (select all that apply):

1. _____ 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)

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

i. SMS Procedure Number: ___________________________

b. _____ 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): _______________

ii. Identify other vessels with this Make / Model:

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: FIREDEX FWID 153083

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

3 Ver 2.0 (01 July 2018)

Currently a large majority of the MSC Fleet are outfitted with the FireDex FFE Jacket and Pants; best estimate is approximately 90%. Also, both Yorktown, VA and San Diego, CA MSC Fire Instructors are only outfitted with FireDex FFE Jacket and Pants. Other Important Details: Per the MSC Damage Control (DC) FFE QMS states to only procure the FFE Jacket and Pants listed on the Damage Control (DC) FFE Allowance Equipage List (AEL). The MSC DC FFE AEL only lists the FireDex FFE Jacket and 3 Ver 2.0 (01 June 2018) Pants built to MSC build specs which has been listed on the AEL since April 2017. These FireDex FFE Jacket and Pants are NFPA 1971 compliant which meet all Safety of Life at Sea (SOLAS), United States Coast Guard (USCG) Title 46 Code of Federal Regulations (CFR) and American Bureau of Shipping (ABS) regulatory requirements.

d. _____ OTHER:

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: $26,000.00

V. CERTIFICATIONS AND APPROVALS: