Other than full and open memo_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 1AUGUST2023

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD (a)

Ref: PR Number(s): 1301094206 N2979331734025

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

OEM Appleton Marine Inc.

b) the required delivery date/period of performance

10/16/2023

c) its intended use.

Request OEM technical services from Appleton Marine, Inc. Perform Annual inspection and oversee any repairs needed.

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

Appleton Marine Inc.

3030 East Pershing St.

Appleton, WI 54911

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):

1. X 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.

Appleton Marine holds proprietary design data for the ships crane.

2 Ver 2.0 (01 June 2018)

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

Appleton Marine, Inc.

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.

Appleton Marine Inc. is the only provider which holds proprietary information and knowledge required to inspect, repair the ships crane and rebuild the associated crane parts in accordance with ABS requirements.

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: SMS 10.6.002- All (Lists the EPF Crane as MSC Critical

Equipment). The ships crane represents the only method for the ship to move material from the mission deck to the flight deck and from the vessel to the pier. The crane is also man-rated and required for mission operations. This man-rating requires OEM only parts in order to comply with ABS rules and regulations. The crane is the ships only method to accomplish these tasks.

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): Appleton Marine Inc./EB230-49-33

ii. Identify other vessels with this Make / Model:

All EPF 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:

Appleton Marine, Inc./EB230-49-33

3 Ver 2.0 (01 June 2018)

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

No Configuration changes to be made.

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 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.

Repairs attempted by SF to no avail, OEM and IA needed. Annual certification requires

OEM rep.

d. Estimated production lead time: N/A

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.)

MSC does not have manufacturing and technical information required to evaluate and determine whether non- OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The EPF crane requires special tools and technical expertise unique to this equipment; only authorized OEM parts and OEM service rep are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data / drawings / service as required by USCG and ABS certification. The crane provides lifting support for ship services in port and to support mission essential equipment while underway. If the crane is not repaired, it will degrade ships ability to support CTF-53 mission requirements for upcoming missions.

MSC strongly urges all ships (particularly PM1/PM8 ships) to maintain full functionality of all shipboard 4 Ver 2.0 (01 July 2018)