Use of Other Than Full and Open Competition_Redacted.pdf

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HUBTEX is the manufacturer which has access to business sensitive proprietary technical manuals, drawings, and software rights.

HUBTEX is no longer able to support the asset and has repeatedly engaged TSS&C to conduct repairs on the MSC assets due to their uniqueness within the market. They have not maintained the internal expertise to be able to support the assets from an OEM perspective.

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. __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: __MSC SMS Procedure 7.6-001.ALL Self- Propelled Material Handling Equipment (MHE) Program ______

ii. MHE is required for MSC vessels to perform stated missions. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels. 29CFR 178 requires qualified and certified technicians to perform maintenance and inspection on MHE.

iii. iii. This requirement is for an OEM authorized service provider, capable and able to perform maintenance on Material Handling Equipment (MHE) assets. SOW requires a technician thoroughly familiar with the repair and maintenance of listed MHE and experience to read proprietary diagnostic software codes. OEM software allows for the diagnosis of equipment issues, and identifies equipment faults allowing the repair activity to properly conduct the necessary repairs. Without these codes, the equipment cannot be properly maintained preventing the ship from executing its mission.

iv.

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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.

d. __X___ OTHER:

__This service requirement must be completed as soon as possible to mitigate operational mission impacts. The desire is for OEM authorized service providers to provide repair and maintenance services including proprietary diagnostics and troubleshooting. The service provider(s) listed in Block II.2 is(are) an authorized OEM service provider and has both capability and capacity to complete this service. They have access to replacement parts, software, and technical data/drawings required for properly maintaining the equipment to provide technical support for routine/annual inspections. This will allow the ship to get underway with a full complement of operational certified MHE.

MHE is required for MSC vessels to perform stated missions. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels. 29CFR 178 requires qualified and certified technicians to perform maintenance and inspection on MHE.

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.

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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: ______ ______

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