Redacted Brand Name.pdf

1 Ver 2.0 (01 July 2018)

Date: _29 June 2022__

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): ___1302007405____________________________________

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

RECOTECH

b) the required delivery date/period of performance and

17 August 2022 - 28 September 2022

c) its intended use.

Repair, service and certification of two Model W40-17H-500 wing lifts and foam fill the tires on two Model W40-17H-500 wing lifts by Authorized RECOTECH service providers.

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

C&T Marine Inc.

1 Beechwood Ct.

Portsmouth, VA 23702

(757) 545-0513 The only authorized RECOTECH service provider in the United States

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):

1. _____ 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.

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

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.

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.)

RECOTECH has granted C&T Marine Inc. as the only authorized service provider in the United States to perform maintenance and support concerning the Wing Lift as well as the market to sell spare parts in the United States. RECOTECH is headquartered in Arboga, Sweden. C&T Marine Inc. has successfully completed a course entitled: Operator Training for the Wing Lift Mobilizer System. RECOTECH further asserts that C&T Marine Inc. shall purchase the products and perform maintenance as an independent contractor and shall sell the products and perform maintenance in its own name, on its own behalf and at its own risk. The Company shall perform the maintenance and support in a manner that will ensure a high customer satisfaction and use its best effort to ensure that the Wing Lift as a brand is not adversely affected.

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-All

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):

Wing Lift Model: W40-17H-500

P/N: GSE-541130

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ii. Identify other vessels with this Make / Model:

Wing Lifts are in use on The Spearhead Class Expeditionary Fast Transport Vessels (EPF) and Expeditionary Sea Base (ESB) platforms and the any repairs or service must conform with assets currently in use on those platforms in the event units must be interchanged between vessels.

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:

Confirmation from Mr. Bo Martin Tell, CEO of RECOTECH that Original Equipment

Manufacturer (OEM) parts must be used in all repairs and services in order to maintain any warranty of said repairs and services performed by the Authorized Service Provider.

Email confirmation was provided to the Government on 28 June 2022.

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: $63,380.00