Re-dacted- Anchor Windlass Parts.pdf

1 Ver 2.0 (01 July 2018)

Date: 10 Mar 2020

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N2319400714001

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

_____________TTS Marine Inc USA_____________________________________________

b) the required delivery date/period of performance and

_______________01 June 2020___________________________________________________

c) its intended use.

___________Replace damaged anchor windlass bushings__________________________________

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

_________________ TTS Marine Inc USA________________________________________

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):

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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.

TTS Marine (Kocks GMBH) USA is the original equipment manufacturer and owns the proprietary rights to the drawings of the equipment. The ship’s Anchor Windless is a critical part to the safe operation of T-AKE Class; TTS Marine USA is the licensed OEM for support of the Anchor Windless and has the technical and regulatory expertise to provide these critical services. The material is long lead and must be procured through TTS Marine as soon as possible in order to meet the ships Availability, 17 July through 26 July 2019.

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

________________TTS Marine (Kocks GMBH)________________________

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. _____ 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: __ N0300-330.00-AQ Mission Specific __

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): TTS Marine USA (Friedrich Kocks GMBH) and

Model Numbers 03-136-184/0, 03-136-185/0, 03-136-186/0 AND 03-136-187/0.

ii. Identify other vessels with this Make / Model:

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USNS LEWIS AND CLARK, USNS SACAGAWEA, USNS ALAN SHEPARD, USNS RICHARD BYRD,

USNS ROBERT PEARY, USNS AMELIA EARHART, USNS CARL BRASHEAR, USNS WALLY

SCHIRRA, USNS MATTHEW PERRY, USNS CHARLES DREW, USNS WASHINGTON CHAMBERS,

USNS WILLIAM MCLEAN, USNS MEDGAR EVERS & USNS CESAR CHAVEZ.

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.

i. Identify Make / Model of existing equipment:

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

d. __X___ OTHER:

4. _X___ 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: __________10Mar 2020_____________

b. Required delivery date / Period of Performance: ____________01Jun 2020_____

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

__It was discovered during equipment inspection during the Feb availability. The next opprotuinty to complete the repair work is during the FY 20 QTR 3 availability, due to the long lead of the material.__________________________________________

d. Estimated production lead time: _____________8 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.)

______The Anchor Windlass System is a mission critical system. The ship’s crew requires full function of the system in order to maintain ship’s Stability when underway.

f. CASREP Number: ______CASREP 20-004____________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date