O2N2 Spares Sole Source_Redacted.pdf

Date: 6 Sep 2022 _

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301002223

I. BACKGROUND:

l. In considering the references, FAR 13.I06-1(b)(I)(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

Cold LLC

b) the required delivery date/period of performance and

15 Dec 2022

c) its intended use.

Spare parts for o2n2 plant and producer. Parts will be kept on hand to use when the plant suffers a catastrophic failure. This will cut down on CASREPS for the 02N2 plant.

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

_Cold LLC _

III. THE DETERMINATION FOR USE or OTHER TI-IAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

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

I. RESTRICTIVE RIGHTS: the source has established proprietary rights, limitecl rights in data, patent rights, copyrights, or secret processes in the iten1 or service.

a. Explain what is subject to tl1e restrictive rights.

I Yer2.0 (01 June 2018)

Ver2.0(0l June2018) 2

Requested parts must match or fit with existing 02N2 plant parts available only from same source as original equipment. Cold LLC is the only vendor who is capable of providing parts to the 02N2 plant. The 02N2 producer is the primary nitrogen and oxygen producer used on Comfort and Mercy. and any operational problems would impair the ship's ability to perform its mission. Cold LLC is the only manufacturer of 02N2 producer parts and supplies in accordance with MIL-DTL-22606. No other contractor's manufacturer parts that are compatible with the 02N2 plant.

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 distrib11tor I authorized technical representative, then 11se Part B-Brand Name.)

3. _X_ OTHER REASON:

a. CRITICAL SJ--JIP 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 Nun1ber:------------

b. STANDARD1ZA1'10N I BRAND NAME: Per MSCs standnrdization i1,itiative, only the specified make/model of the equipment/parts will satisfy the Govern111ent's needs for additional units or replacement ite1ns.

i. Identify Make I Model Number(s): _

ii. Identify other vessels with this Make / Model:

c. _X_ FORM, FIT, AND FUNCTION: Item is direct replacement parts/ con1ponents for existing equipment and ,nust be con1patible in tcnns of forn1, fit, and function ,vith existing equipment/ configurations.

Ver 2.0 (0 l June 2018) 3

i. Identify Make/ Model of existing equipment:

Comfort/Mercy 02N2 plant and Producer _

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

Cold LLC is the only vendor who is capable of manufacturing parts for the 02N2 plant and producer for both Mercy and Comfort. The plant is over 30 years old and parts are extremely difficult to make due to the advanced age of the plant and producer.

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 pennitted to limit the number of sources from \Yhich 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 r.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 circt1mstances or conditions, etc.)

f. CASREP Number: _

IV.