REDACTED N 10 SSJ- MOR 23-0025 WCH ROH 2024 WI 0651 Lifeboat Exhaust.pdf

1 Ver 2.0 (01 July 2018)

Date: __29 June 2023___

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): REQ N2372631794269 / ERP 1301096312

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

FASSMER Life boat SABB Engine Stainless Steel Exhaust System

Part Number 673926

b) the required delivery date/period of performance and

___ ____________02 October 2023_______________________________

c) its intended use.

_________ Replace the Carbon Steel exhaust installed in the life boat with Stainless Steel________

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

FASSMER 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):

2 Ver 2.0 (01 July 2018)

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.

Per MSC SMS Procedure 10.6‐002, the Life Boats are considered critical and must be maintained by the OEM or an approved OEM. The American Bureau of Shipping (ABS) and US Coast Guard only recognize the servicing of the Life Boat by the OEM or an authorized OEM Representative. Also, per COMSCINST 4490.1, MSC is directed to use only OEM parts on this critical equipment.

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

FASSMER

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: 10.6-002-01-AKE

CRITICAL SHIP EQUIPMENT: Life Boats are classified as critical equipment and per COMSC Instruction mandated to use of OEM parts only in this equipment.

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): 673926

3 Ver 2.0 (01 July 2018)

ii. Identify other vessels with this Make / Model: T-AKE Class

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:

MSC does not have manufacturing and technical information required to evaluate and determine whether non‐OEM components and replacement parts offered are equivalent to the OEM components and replacement parts.

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: _____TBD_________

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 PROCUREMENT: $27,800.00

4 Ver 2.0 (01 July 2018)

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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date