Other Than Full and Open Memo_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date: 03/8/2022

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

Procure OEM Aero Controlex Ships Whistle Control Cable. Cable is to be fabricated in accordance withMSC drawing 5762892_A and manufacture drawing 515MXXXX-

XXX.X (PROPIETARY) _

OEM representative NSN Solutions

b) The required delivery date/period of performance and

Require delivery no later than 15 September 2022

c) Its intended use.

Intended use is to replace failing ships whistle control cable during upcoming ships maintenance periods. Critical to maintenance of SOLAS requirements

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

- NSN SOLUTIONS

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):

2 Ver 2.0 (01 June 2018)

1. _x RESTRICTIVE R SYSTEM IGHTS: 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.

- NSN SOLUTIONS, the sole AERO CONTROLEX marine distributor, can provide

OEM replacementand USCG approved Whistle control cable and parts, and has the qualified technical and engineering services personnel to manufacture/fabricate cable. and holds proprietary drawing.

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

NSN SOLUTIONS (AERO CONTROLEX REP)

2. x 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.

_ NSN SOLUTIONS as OEM representative, can provide OEM replacement and

USCG approved Whistle Control Cable and parts, and has the qualified technical and engineering services personnel to manufacture /fabricate whistle cable.

Critical as it affects SOLAS, and ships underway requirements.

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.)

NSN SOLUTIONS (AERO CONTROLEX REP)

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: 10.6-002-01-T-ARS, QMS N0750-100.00-AQ

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): _ CONTROLEX SERIES 515

3 Ver 2.0 (01 June 2018)

ii. Identify other vessels with this Make / Model:

_USNS SALVOR

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:

CONTROLEX SERIES 515 WHISTLE CONTROL CABLE

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

Parts must be OEM manufacture parts and must provide exact fit as original with correct bend radius, stroke length, compression load, tension load and meet the required temperature range.

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 3/8/2022

b. Required delivery date no later than 15September 2022

c. If the difference between a. and b. is more than one week, explain the delay in submitting The requirement.

No delay, parts are long lead and must be ordered early to ship on time

d. Estimated production lead-time: _23-30 /Ready to be shipped immediately

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.)

Require delivery is to meet shipping requirements and to support upcoming maintenance on site as GFM

f. CASREP Number: NA

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT

V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.