Q-4122 Redacted JA_Redacted.pdf

1 Ver 2.0 (01 June 2018)

Date:

26-Feb-2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s):

Zeus 2020 MTA WORK ITEM (CALIPER BRA

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

WESTECH - HEAVY MACHINERY DIV

b) the required delivery date/period of performance and

10/01/2020

c) its intended use.

Repair/Replace of Zeus Cable Laying Drive System Caliper Brakes

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

Westech Heavy Machinery Div (Control Flow Inc)

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

Only one responsible source (select all that apply):

RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

2 Ver 2.0 (01 June 2018)

a. Explain what is subject to the restrictive rights.

b. 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.

Equipment/parts required are proprietary to 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. 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:

None

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

i. Identify Make / Model Number(s):

GEH-3061

ii. Identify other vessels with this Make / Model:

None

c. 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.

3 Ver 2.0 (01 June 2018)

i. Identify Make / Model of existing equipment:

GEH-3061

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

Existing equipment is one-of-a-kind and needs to operate IAW USNS Zeus mandated mission requirements.

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:

01 JUN 2019

b. Required delivery date / Period of Performance:

01 Oct 2020

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

Material/parts required have been identified as long lead time materials need to ensure parts are on hand prior to beginning overhaul

d. Estimated production lead time:

16-20 weeks

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.)

Overhaul period commences in November of 2020. Need to ensure parts are on-hand prior to start of availability

f. CASREP Number:

N/A

ANTICIPATED DOLLAR VALUE OF PROCUREMENT:

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.