Redacted JA_Redacted.pdf

1 Ver 2.0 (01 July 2018)

Date: 11/05/2021

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s):

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:

LAKE SHORE SYSTEMS INC.

b) the required delivery date/period of performance and

RDD is 6/1/2022

c) its intended use.

Overhaul for vessel 40T Boom Winches and Capstans..

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

LAKE SHORE SYSTEMS INC.

2141 WOODWARD AVENUE, KINGFORD, MI 49802

PARTS & SERVICE DEPT. 906-774-1500

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):

x

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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DESIGN AND CHARTERISTICS OF THE WINCHES MUST MEET THE

SPECIFIC CHARTERISTICS OF THE EXISTING WINCHES.

b.

LAKESHORE SYSTEMS COMPANY

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.

LAKESHORE SYSTEMS Is the sole owner of all authorized parts.Use of any non-OEM parts will void all operational safety features and creates risk of personnel injury and voids operational characteristics of Crane. The overhaul kits are complete reassembly kits for use on the specific winches. These winches are over 40 years old and repair parts are only available thru Lakeshore.

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.)

There is only one authorized distributor of authorized parts, Lakeshore systems. All drawings and Tech. manuals are provided by lakeshore or NAVSEA with Lakeshore listed as the OEM and stat any unauthorized parts or service provided by non-OEM will void all safety

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: 10.6-0002 ALL

b. _X____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equ additional units or replacement items.

i. Identify Make / Model Number:

ii. MDL: LAKESHORE

VANG SLEWING WINCH : MDL 2D5-714

TOPPING WINCH: MDL 2D5-1008

HOISTING WINCH : MDL: 2D5-691

CAPSTAN WINCH : MDL: 2D5-489 P/S

iii. This overhaul kits are complete with OEM replacement parts used in the disassembly and reassembly of the winches.

ii. Identify other vessels with this Make / Model:

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USNS GRASP/USNS SALVOR

c. _X__ 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:

As per above ii-

These are direct replacement parts for the existing 40 year old Lakeshore winches.

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

These are OEM direct replacement overhaulwinch kits and must fit the design charteristics of the existing winches. These parts are designed to meet the specific load chacteristics of each of the 40ton winches.

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: ________

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.

Lakeshore was late in providing availability / leadtime. OEM data received 11/03/2021.

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: