other than full and open memo_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 5 SEPT 2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): 1301290174

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

AVW Dampers

b) the required delivery date/period of performance and

RDD: 01/01/2026

c) its intended use.

Dampers for the Isolation Room Upgrade WI 721 USNS Comfort Jan 26 MTA Isolation Room Upgrade

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. 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. AWV is the original manufacturer of the ventilation control equipment in the affected spaces.

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

AWV

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. 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. 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): T-AH Class

ii. Identify other vessels with this Make / Model: AWV Dampers

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:

T-AH Class

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

The VC-561 dampers manufactured by AWV are the only known products that meet the required specifications for material, construction, and performance in the

USNS Comfort’s isolation room application. These dampers are designed to interface with the ship’s existing ventilation systems, which were originally fitted with AWV components, ensuring compatibility with existing mounting flanges, actuator configurations, and airflow characteristics.

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d. X OTHER: MSC does not have the technical knowledge to determine the non approved Dampers are accept as the AWV dampers Matches the existing flange hole patterns without requiring structural modification to bulkheads or ducting. Meets the Navy’s specified carbon steel tube frame with cut ring flange design and AWN flange hole pattern.

Provides the required full-length plated steel axle with oil impregnated bronze sleeve bearings and stainless steel thrust washers to meet shipboard environmental durability requirements. Allows for customer approval drawing prior to production to ensure dimensional and functional compatibility with existing system design. Substituting another manufacturer’s product would result in significant engineering redesign, additional shipyard labor, and potential schedule delays for the isolation room upgrade project. Furthermore, the use of non-compatible dampers could compromise system performance, airflow control, and the ability to maintain required negative or positive pressure differentials in the isolation spaces. Failure to procure the AWV VC-561 dampers will delay completion of the isolation room upgrade, potentially compromising the ship’s readiness to provide airborne infection isolation during future medical operations. This could result in operational risk during humanitarian assistance, disaster response, or casualty care missions

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.

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: