REDACTED BRAND NAME Justif (SAM.gov purposes).pdf

1 Ver 2.0 (01 July 2018)

Date: 7 DEC 2023

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) MSC HEADQUARTERS, PR Number(s): REDACTED

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;

MHE LOADED BACKRESTS FOR INSTALL AND CERTIFICATION IN SUPPORT

OF MSCHQ LOCATED IN C2F, Norfolk, VA.

b) the required delivery date/period of performance, and;

RDD: 09 MARCH 2024

c) its intended use;

SAFETY RE-CERTIFICATION OF MATERIAL HANDLING EQUIPMENT (MHE) ASSETS.

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

**OEM Authorized Service Representative(s):

HYSTER-YALE GROUP, INC/CAGE 04627

1010 E. FAIRCHILD ST.

DANVILLE, IL 61832

217-443-7416

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

BASED ON THE FOLLOWING (select all that apply):

A. X “BRAND NAME” (LIMITED) 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.

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

Hyster is the manufacturer with access to all Proprietary Technical Manuals, Drawings, and Software Rights.

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.

Hyster Loaded Backrest is an OEM Part and required by the manufacturer.

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.)

See Block II.2

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: MSC SMS Procedure 7.6-001.ALL Self-Propelled

Material Handling Equipment (MHE) Program

ii. MHE is required for MSC vessels to perform stated missions. Improperly serviced and maintained MHE can pose a significant safety hazard to both personnel (through injury) and mission essential equipment (through direct damage). Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels. 29CFR 178 requires qualified and certified technicians to perform maintenance and inspection on MHE.

iii. This requirement is for an OEM authorized service provider, capable and able to perform maintenance on Material Handling Equipment (MHE) assets. SOW requires a technician thoroughly familiar with the repair and maintenance of listed MHE and experience to read proprietary diagnostic software codes. OEM software allows for the diagnosis of equipment issues, and identifies equipment faults allowing the repair activity to properly conduct the necessary repairs. Without these codes, the equipment cannot be properly maintained preventing the ship from executing its mission.

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b. STANDARDIZATION: 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):

ii. Identify other vessels with this Make / Model:

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:

The desire is for OEM authorized service providers to provide Loaded Backrests to MSCHQ, Norfolk, VA for procurement. The service provider(s) listed in Block II.2 is(are) an authorized OEM service provider and has both capability and capacity to complete this material order. They have access to replacement parts, software, and proprietary technical data/drawings required for properly provide technical support. MHE is required for MSC vessels to perform cargo offload/loading preparatory missions. Improperly serviced and maintained MHE can pose a significant safety risk to both personnel and mission essential equipment. Non-operational MHE significantly degrades the mission readiness of deployed MSC vessels. 29CFR 178 requires qualified and certified technicians to perform maintenance and inspection on MHE.

B. X Brand Name: Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company.

Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

The use of OEM Loaded Backrests in this MSCHQ order is paramount in maintaining the integrity of the shipboard-approved MHE equipment and is required by Federal Law (29CFR 178(q)). The MHE is critical in the completion of the ship’s mission. The use of aftermarket parts cannot be verified nor validated to ensure compliance with OEM specifications and certifications. Failure to use OEM materials for shipboard-approved MHE could result in catastrophic mechanical failure causing damage to the equipment, the ship, loss of cargo, personal injury, or even death. It is also contrary to federal regulation.

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C. 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:

1. . Date on which the requirement was identified:

2. . Required delivery date / Period of Performance:

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

3. Estimated production lead time:

4. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or condition

5. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: REDACTED

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.

REDACTED

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Not Applicable

Contract Specialist / Date

Contracting Officer / Date