RedactedSSJSigned_N4044325Q0018.pdf

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Date: 18 November 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

CORNEL-CARR CO., INC.

b) the required delivery date/period of performance and

c) its intended use.

STOCK REPLENISHMENT FOR WHEELHOUSE FIXED HEATED WINDOW

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

CORNELL-CARR CO., 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. 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. XX 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.

CORNELL-CARR CO., INC. is the authorized OEM vendor for below

2 Ver 2.0 (01 July 2018) equipment’s replacement part.

WHEELHOUSE FIXED HEATED WINDOW:

PANEL, GLASS ELEC HEATED / PN: CC-774-3 / [APL/AEL X231912APLX] /

QTY: 1 EA

CORNELL-CARR CO., INC. prepared the manual for installation, operation and maintenance instructions.

Purchasing OEM replacement parts from CORNELL-CARR CO., INC. ensure their products are “of the highest quality, durability, dependability, and safety.

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.)

CORNELL-CARR CO., INC.

3. XX OTHER REASON:

a. XX 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:

ii. Describe how it applies to the critical piece of equipment:

SMS 10.6-002 ALL, lists the PORTS X WINDOWS for TAKE Class ships as follows:

Mission criticality coded 2 for WHEELHOUSE FIXED HEATED

WINDOW

Panel, glass electrically heated is “designed to keep windows within the marine environment free from frost, snow, vapor and condensation” during cold and high-humidity weather conditions. Clear and undistorted vision, as well as thermal comfort are imperative at all times”.

Failure of which can lead to significant consequences. This can cause unsafe operation of the ship and will affect the ship’s ability to support for the Warfighters in their Area of Responsibility (AOR) - limiting the capability to fulfill the ship’s primary mission. Proper refurbishment and maintenance, using only OEM parts is critical to the safety of the personnel, the protection of the environment and performance of the ship’s mission.

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. _____ 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.

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d. XX OTHER:

COMSCINST 4490.1 states the policy for use of Original Equipment Manufacturers (OEM) and non-OEM parts and service for critical and non-critical shipboard systems and equipment for Military Sealift Command (MSC) ships.

“The risk associated with using the OEM parts and service is inherently lower than using non-OEM parts and service, as demonstrated by historical experience.

Relying on the OEM to provide parts for the maintenance and repair of our critical ship systems and equipment is in the best interest of MSC, even when the cost for these parts and service are more expensive.”

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.

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