Other Than Full and Open Memo Redacted.pdf

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Date: 4/15/21

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Qty. 425 Peck and Hale CAGE 94658 Part Number F518-1K Cloverleaf Deck Sockets, Flush, Single

Qty. 29 Peck and Hale CAGE 94658 Part Number F518-10-PG Cloverleaf Deck Socket Covers.

b) the required delivery date/period of performance and

4/29/2022

c) its intended use.

These Peck and Hale Part Number Cloverleaf Deck Sockets and Covers would be used to complete the repair of the USNS Mercy Flight Deck.

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. _____ 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.

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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. __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 Procedures 10.6-002-ALL and Mission Equipment as defined by COMSCINST 4490.1C Enclosure 1 Section 15

b. _____ 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): ___________________

ii. Identify other vessels with this Make / Model:

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:

Peck and Hale Part Number F518-1K Cloverleaf Deck Sockets, Flush, Single

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Peck and Hale Part Number F518-10-PG Cloverleaf Deck Socket

Covers

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

Peck and Hale cloverleaf deck sockets have been selected because forty (40) of these cloverleaf deck sockets have already been installed and tested on the USNS Mercy flight deck. The remaining Peck and Hale cloverleaf deck sockets associated with this memorandum would be used to complete the installation on the USNS Mercy Flight Deck in accordance with NAVSEA, NAVAIR, and ABS requirements. NAVSEA has already approved Peck & Hale CAGE 94658 as a source of supply for the required cloverleaf deck sockets in NAVSEA drawing # 804-1213717.

In addition, the Government already has 396 of the Peck and Hale Cloverleaf Deck Socket Covers on hand. These covers are designed for the Peck and Hale P/N F518-1K cloverleaf deck sockets. The additional 29 covers are all that would be required if the qty. 425 Peck and Hale cloverleaf deck sockets P/N F518-1K are purchased.

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.

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: _________________________________________