Other than full and open memo_redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: February 9, 2026

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N/A_____

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

MGR Equipment Corp.

b) the required delivery date/period of performance and

January 1, 2027

c) its intended use.

Replace Comfort FWD Galley upright freezers and reefers. Current reefers and freezers are old and are in constant need of repair.

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. 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.

MGR Equipment Corp. is the original equipment manufacturer and does not share its proprietary information with any other source per Robert Ross with MGF equipment Corp.

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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. _____ 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):

ER-20-0368H UNDERCOUNTER REFRIG #2 & #4

ECP-4-0368RC COLD FOOD COUNTER, 4 PAN #1

ER-20-1368H UNDERCOUNTER REFRIG #6 & #7

EF-75-0378 UPRIGHT FREEZER #3

ER-75-0368 UPRIGHT REFRIG #1 & #2

EF-10-0378 UPRIGHT FREEZER #3 & #5

ii. Identify other vessels with this Make / Model:

USNS MERCY

T-AH 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.

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i. Identify Make / Model of existing equipment:

1. ER-20-0368H UNDERCOUNTER REFRIG #2 & #4

2. ECP-4-0368RC COLD FOOD COUNTER, 4 PAN #1

3. ER-20-1368H UNDERCOUNTER REFRIG #6 & #7

4. EF-75-0378 UPRIGHT FREEZER #3

5. ER-75-0368 UPRIGHT REFRIG #1 & #2

6. EF-10-0378 UPRIGHT FREEZER #3 & #5

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

T-AH class has the exact same reefers and freezers installed. Replacing with exact freezers and reefers will not require modification to the ship’s power and structural requirements. If replacements were not the same exact, a T-ALT would be required which would require extensive time and use of Government resources. Replacing with exact is more efficient and a better value to the Government.

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: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $124,194.00