N4044320Q0069 SSJ_REDACTED.pdf

1 Ver 2.0 (01 June 2018)

Date: Mar. 12, 2020

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.

CAT D399 Main Propulsion and Main Generator engines. Caterpillar 10K & 20K Overhauls

a) The name of the required source or brand name

Timberline Tractor, Qualified and MSC Approved CATERPILLAR Tech. Rep.

MSC approved alternate OEM Service Rep. may be found at https://procuremant.msc.navy.mil

b) The required delivery date/period of performance and

Aug. 2th thru Sept. 15th.

c) Its intended use.

Overhaul one (1) CAT Main Propulsion Engine.

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

TIMBERLINE TRACTOR

6746 Promway Ave NW

Canton, OH 44720-7318 http://www.timberlinepower.com

(330) 966-6623

(330) 813-1228

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):

https://procuremant.msc.navy.mil/ http://www.timberlinepower.com/

2 Ver 2.0 (01 June 2018)

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.

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

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.

Main Propulsion engines and Generators are critical for ships propulsion & power. All repairs must be completed based on OEM operating and maintenance recommendations to prevent catastrophic machinery failures. Failure of anyone of these pieces of machinery will affect ships capabilities resulting in endangerment to personnel and the vessel.

Qualified technical repairs must be utilized with all of the appropriate certifications not only individual machinery but also their control function from the operating console.

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.)

TIMBERLINE TRACTOR

In Tech Marine Certified PLC Logic – Certification is available from Timberline.

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: 10.4-001 PM & 10.7 CM

Main Propulsion engines and Generators are critical for ships propulsion & power. All repairs must be completed based on OEM operating recommendations to prevent catastrophic machinery failures. Failure of anyone of these pieces of machinery will affect ships capabilities resulting in endangerment to personnel and the vessel. Qualified technical repairs must be utilized with all of the appropriate certifications not only individual machinery but also their control function from the operating console.

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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): CAT D-399

ii. Identify other vessels with this Make / Model:

ARS-Class Vessels

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:

Caterpillar D-399 Marine Engines, MDL 399TA

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

New parts must be OEM compatible for all engines and be installed by a qualified CAT

& In Tech Marine certified for all propulsion control and electrical generation feeding the CCS console.

d. X_ OTHER:

Timberline is a qualified CAT rep. and certified rep. for In Tech Marine., designer and installer of the ships Main Propulsion Operating console. The installation is based on PLC logic and accepts inputs for control for and from all operating machinery. Timberline has taken and completed In Tech Marines PLC logic class and is certified which allows Timberline to calibrate and adjust signals from engine output to main console. Timberline is the only certified company that as an OEM Tech. Rep certified by In Tech to conduct calibration and testing of all Main propulsion and main generator diesel engines. Emergency shutdowns, ESS at the beginning and completion of any repairs or overhauls. Each ESS input/output must be tested from each engine and calibrated through the Local Control Panel to Machinery Control System. In tech marine is the

OEM for the LDCP and MCS and hold proprietary drawings for this equipment.. Timberline is the only certified company to conduct testing and repairs in the LDCP and is an MSC approved alternate OEM service rep.

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 t he requirement.