OTFO.pdf

Date: 02/18/2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301224286

I. BACKGROUND:

1. In considering the references, FAR 13 .106-1 (b )(1 Xi) 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

REPOLY MISSILE SIDELOADER TIRES

a) the name of the required source or brand name

MICHELIN NORTH AMERICA (CAGE 12195)

b) the required delivery date/period of performance and

15APR2022_-15 JUN2025

c) its intended use.

THE RENEWED TIRES ARE TO BE USED AS REPAIR PARTS ON HUBTEX MISSILE SIDELOADERS ACROSS

THE MSC FLEET INCLUDING MPR CASREP

SUPPORT

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

MICHELIN NORTH AMERICA (CAGE 12195)

POC: Richard Cox- Michelin Beyond Road Raleigh Ne TBM Richard.Cox@michelin.com/ Cell (919)438-7533/ Office (803)359-3599

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

ON THE FOLLOWING (select all that apply):

A X Onlyone 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.

Drawings and rubber compounds are proprietary and restricted to Michelin / Hubtex

b. I@rawingsareincluded, who isidentified as"owning" the drawings.

SOLIDEAL/CAMSO USA/Michelin Off-Road are divisions of and subordinate entities of Michelin North America capable of providing the necessary repairs in the required timeline. Solideal was the original supplier of the tires to

1 Kordel Antriebstechnik GmbH in support of Hubtex. Ver 2.0 (0 1 July20 18) torie.cunningham Highlight

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.

3.

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 I authorized technical representative, then use Part B

- Brand Name.)

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 I 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:

Describe how the equipment must be compatible with the existing

ii. configuration.

OTHER:

d.

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 deterinination that the procurement for the above is an urgent and compelling requirement is based on the following:

a.

b.

c.

Date on which the requirement was identified: __ 2 __ 5...,lun ___ 2 __ 0 __ 2 __ 4 _________ _

Required delivery date/ Period of Performance: .... I S lun=2=0=2=5 ________ _

If the difference between a. and b. is more than one week, explain the delay in submitting Contract was unable to be awarded in FY24. New effort in FY25 required to meet mission requirements

Ver 2.0 (01 July2018)

IV.

the requirement

d. Estimated production lead time: Production Lead time is 6 weeks. Transportation time is approximately 3 days before and after prnduclion

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: MPR 24-017 for MSL Tires

ANTICIPATED DOLLAR VALUE OF PROCUREMENT: ___ $-5�7-.5_50-.0-0 ___ _

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.

£) � Digitally signed by -· -· -~o ··--u Date: 2025.0325 07:04:38-04'00' X p,il\,il\j k Mih LEWl5.DENNl5JAME5.1053575079

X

Requester Signature / Date

{JaL_, Digitally signed by

WILKINSON.KEVIN.SCO

TT.1011606632

Date: 2025.03.25

07·44·22.:04�0'

Level Higher (Suppo / SPE / ASPE) / Date

CUNNINGHAM

Digitally5ignedby

CUNNINGHAM.TORIE .

. TORIE.MONET MONET.1618760517

1618760517 Date: 2025.03.31

• 13:26:25 -04'00'

Contract Specialist/ Date

HALE TOMMY ANT

Digitallysignedby

• • HALE.TOMMY.ANTHONY.111644514

HONY.1116445146 �ate: 2025.03.31 15:08:20-04'00'

Contracting Officer / Date

3 Ver 2.0 (01 July2018) torie.cunningham Highlight torie.cunningham Highlight