Redacted_Other Than Full and Open memo.pdf

1 Ver 2.0 (01 July 2018)

Date: 6-18-2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N231924095W670 /USNS SACAGAWEA

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

ATREX ENERGY, INC

b) the required delivery date/period of performance and

10-14-2024

c) its intended use.

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

ACUMENTRICS

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

ON THE FOLLOWING (select all that apply):

A. ____ 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.

ATREX ENERGY, INC OWNS THE PROPRIETRAY RIGHTS TO THE DRAWING OF THE

MATERIAL.

b.

ATREX ENERGY, INC

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2. __N/A__ 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. __X___ 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.)

ACUMENTRICS

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: 10.6-002-01-AKE

Fire Detection System equipment is included on the list of critical equipment fo the ESB class under Damage Control Equipment section

b. __X__ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, additional units or replacement items.

i. Identify Make / Model Number(s): ATREX ENERGY, INC /MODEL 1983144

ii. Identify other vessels with this Make / Model:

T-AKE 1-11

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:

MODEL # 1983144

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

MUST MEET FORM, FIT, AND FUNCTION

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d. __N/A__ OTHER: Other reasons not identified above: 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. The OEM rep has access to provide parts and technical data / drawings from the original manufacturer, as required to properly repair and maintain the equipment.

4. __X___ 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: 04/05/24

b. Required delivery date / Period of Performance: 10-14-24

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

DELAYED DUE TO TECHNICAL RESEARCH.

d. Estimated production lead time: 14 WEEKS

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.)

SHIP FILLS OUT THIS SECTION

The UPS originally provided by this brand was chosen specifically by OEM to properly serve the needs of the gyro unit. This is to include power input and output ratings as well as plug locations and types. This brand is also able to furnish the appropriate plug adapters to continue use of updated UPS offered that is of exact same power ratings and required specifications.

Existing UPS is obsolete PN: ACG1250 . New model provided by same manufacturer is ACG1252. New model will require 2 backshells PN M85049/8-50N, also provided, to be able to fit the same as existing equipment. Functionality of new model ACG1252 is the same as ACG1250.

f. CASREP Number: 24012

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT:

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.

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