Other than Full and Open Memo_Redacted.pdf

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USNS YUMA Crane Parts
Solicitation number
N3220526Q7236
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This is a Memorandum for the Record documenting a sole source acquisition justification for parts required to support a 10-year crane service on USNS Yuma. The contracting officer has determined that only one source is reasonably available due to circumstances of urgency, exclusive licensing agreements, or items particular to one manufacturer, in accordance with FAR 12.102(a) and GSAR 538.7104-3 and -4.

The requirement is for parts to buy for 10-year crane service on USNS Yuma, with a required delivery date of 03MAR2027 and intended use for periodic industrial assistance maintenance. The required source or brand name is Appleton Marine Inc. The product is not designated as critical ship equipment per COMSCINST 4490.1(series) and SMS Procedure 10.6-002-ALL. The justification is based on two primary factors: (1) Restrictive Rights—Appleton is the Original Equipment Manufacturer (OEM) for EPF deck cranes and holds proprietary rights and proprietary information regarding parts, warranty, maintenance procedures, and knowledge required for crane parts in accordance with ABS requirements; and (2) Exclusive Licensing Agreements—the item or service is only available from the OEM, as Appleton holds the necessary proprietary information and knowledge as the OEM for EPF deck cranes. The document indicates that another company could not satisfy the Government's need due to these restrictions. The acquisition does not exceed the simplified acquisition threshold.

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(1) ✔ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the product or service. Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

(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. (Complete only a or b below)

(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.

(3) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

(a) Make and Model:

(b) Other vessels with this Make / Model:

(4) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model:

(5) OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

b. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

(1) STANDARDIZATION: Per COMSCINST 4790.3, to maintain fleet configuration baseline, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

Appleton is the OEM for EPF deck cranes. OEM holds restrictive rights and proprietary information regarding parts, warranty and maintenance procedures.

As the OEM for EPF deck cranes, Appleton holds proprietary information and knowledge required for crane parts in accordance with ABS requirements.

(a) Make and Model:

(b) Other vessels with this Make / Model:

(2) COMPATIBILITY: Product is direct replacement part(s) for existing equipment and must be compatible. Make and Model:

c. URGENCY (C3/C4 Casualty Report). As defined in Naval Warfare Publication 1-03-

1, the supplies or services are of such 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 requirement is based on the following:

(1) Date on which the requirement was identified:

(2) Required delivery date or period of performance:

(3) Explanation of why delivery/commencement of services by the date mentioned above is required.

(4) If appropriate, include any additional pertinent information.

(5) CASREP Number:

File details come from the government source that posted it. Updated .