Redacted JA Intercomm.pdf

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Date: 8 December 2022

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): _N4098B23394048

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

Hose McCann Communications

b) the required delivery date/period of performance and

FY23 01 Feb

c) its intended use.

Procurement of Interior Communications replacement repair materials in support of USNS

CANLEY (T ESB 6).

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

__ Hose McCann Communications __________________________________________

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. __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.

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Hose McCann Communications is the only known source for marine interior communications systems including but not limited to General alarm Systems, Voice powered Systems, Sound Powered Telephones, Intercom Systems and Digital telephone Solutions for use on ESB Class Ships. The system is controlled by proprietary software that only a manufacturer's authorized representative has access and compatible diagnostic tools. The system requires special diagnostic equipment and training which is not available without an OEM representative. Restrictive rights include access to business sensitive technical manuals, drawings and the ability to procure parts directly from the O.E.M.

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

____________ Hose McCann Communications _______________________

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. _X___ 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: ___________________________

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): Make: Hose McCann Communications, Model: Various.

ii. Identify other vessels with this Make / Model:

USS LEWIS B PULLER (TESB 3), USS HERSHEL WILLIAMS (TESB 4)

and USS MIGUEL KEITH (T ESB 5)

c. _X__ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for

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V. CERTIFICATIONS AND APPROVALS:

hich are