Other than full and open memo_Redacted.pdf

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Date: 30April2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS CITY OF BISMARCK (EPF-9) PR Number(s): 1301159289

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

Trident Maritime Systems

b) the required delivery date/period of performance and

30September2024

c) its intended use.

Trident Maritime Systems is the O.E.M. for the Stern Ramp. The stern ramp is critical in supporting the mission of the vessel.

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

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):

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1. _XX_ 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.

Trident Maritime Systems is the O.E.M. of the Stern Ramps for the EPF Class.

Restrictive rights include access to business sensitive technical manuals, drawings and the ability to procure parts directly from the O.E.M.

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. __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: __ SMS 10.6.002-01-JHSV

b. __XX__ STANDARDIZATION: 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. Iden fy Make / Model Number(s): Trident Maritime Systems Stern Ramp

ii. Identify other vessels with this Make / Model:

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EFP Class

c. __XX__ 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:

Trident Maritime Systems Stern Ramp

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

Equipment must be OEM material for the stern ramp.

d. __XX__ OTHER:

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 item and/or services described requires technical expertise to this equipment. The OEM has access to provide parts and technical data/drawings as required by USCG and ABS.

B. __XX___ Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer.

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 OEM for the stern ramp is Trident Maritime Systems and is the only known OEM with the required knowledge, experience, and proprietary informa on authorized to supply spare parts for the equipment installed on EPF Class. Trident Maritime Systems holds all proprietary rights to the drawings and pa erns essen al for repair of the stern ramp. This maintains all OEM warran es, ensures reliability, and crew safety.

C. ______ 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:

1..

Date on which the requirement was identified:

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2..

Required delivery date / Period of Performance:

If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

3. Estimated production lead time:

4. 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.)

5. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT: