Other than full and open memo_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: January 29, 2026

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

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

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

Osprey Valve

b) the required delivery date/period of performance and

July 1, 2026

c) its intended use.

Overhauling Sea Valves work item 09560

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

Tork Systems W&O

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.

Osprey Valve owns the proprietary data related to their valves and as such is the sole vendor who can manufacture these items. They sell via Tork Systems to the Government. No other vendor has access to sell these valves.

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

Osprey Valve.

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: 10.6 ALL

The AC Salt Water Suction and Discharge System relies on multiple obsolete, 1970s-era valves.

The failure of any one of these aged components would compromise the entire cooling loop, forcing a shutdown of all AC plants to prevent catastrophic flooding or machinery damage. The loss of cooling would rapidly overheat critical operational spaces (ADP, Navigation, Combat Systems), causing cascading electronic failures that would render the ship mission-incapable and force a CASREP. The resulting uninhabitable conditions create a direct health and safety risk to the crew. Proactive replacement of these valves is therefore essential for vessel safety and mission assurance

b. X STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s): Osprey Valve

ii. Identify other vessels with this Make / Model: AS Class

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:

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Osprey Valve

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

These valves are a one-to-one swap with the current valves and will maintain class configuration. These valves will seamlessly fit the current configuration without Trans-Alteration.

d. _X OTHER:

MSC does not have the technical knowledge to evaluate non-OEM Osprey Valve branded items.

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 t he 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: