Redacted N29001-4209-S382 SOLE SOURCE signed.pdf

Date: 7/25/2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N29001-4209-S382

I. BACKGROUND:

I. In considering the references, FAR 13.106-l(b)(l)(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

CREST FOOD EQUIPMENT

b) the required delivery date/period of performance and

18 SEPTEMBER 2024

c) its intended use.

CREW MESS HALL ICE AND WATER DISPENSER

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

CRESTFOODEOUIPMENT

rrr. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION rs BASED

ON THE FOLLOWING (select all that apply):

A. Only one responsible source (select all that apply):

I. 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.

Ver 2.0 (01 July 2018)

2 Ver 2.0 (01 July 2018)

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

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 I 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 I authorized technical representative, then use Part B - Brand Name.)

CRESTFOODEQUIPMENT

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 I 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): DCM-752BAH

ii. Identify other vessels with this Make/ Model: ALL T-AKE SHIPS THAT

HAVE REPLACED UNIT IN PAST YEAR

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 I configurations.

i. Identify Make/ Model of existing equipment:

_DCM-750BAF

3 Ver 2.0 (OJ July 2018)

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

The power that supplies the old unit is the same as this new unit thus we don't need to modify supplied power. It would cost more to modify power.It has the rated capacity of the old unit.Air cooled which what the old unit is.

d.

"COMMSCINST 4490.1 states the policy for use of Original Equipment Manufacturer (OEM) and non-OEM parts and service for critical and non-critical shipboard systems and equipment for Military Sealift Command (MSC) ships. "The risk associated with using the OEM parts and service is inherently lower than using non-OEM pmis and service, as demonstrated by historical experience.

Relying on the OEM to provide parts and service for the maintenance and repair of our critical ship systems and equipment is in the best interest of MSC, even when the cost for these parts and service are more expensive. MSC does not have manufacturing and technical information required to evaluate and determine whether non-OEM components and replacement parts are equivalent to the OEM components and replacement pmis."

d.

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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 thisjustific tion are complete and ccurate to the best ofmy knowledge and belief.

l

Requester Signature Level Higher

Contracting Officer/ Date