Redacted Other than full and open memo.pdf

1 Ver 2.0 (01 July 2018)

Date: 28FEB2024

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) USNS NEWPORT (EPF-12) PR Number(s): 1301132583

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

Parker Hannafin – Manufacturer

b) the required delivery date/period of performance and

09/20/2024

c) its intended use.

Parker Hannafin is the manufacturer for the reverse osmosis parts. These parts are critical in supporting the water making capability of the vessel. XXXX is a known supplier of these parts.

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

XXXX

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. _XX_ 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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Parker Hannafin is the manufacturer of the reverse osmosis parts for the EPF Class.

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.

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. __XX__ OTHER REASON:

a. __XX__ 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: __ SMS 10.6.002-01-JHSV

b. __XX__ STANDARDIZATION: 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. Iden fy Make / Model Number(s): Reverse Osmosis Plant/ Model JHSV

12800 GPD

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ii. Identify other vessels with this Make / Model:

EFP Class

c. __XX__ 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: Reverse Osmosis Plant/ Model

JHSV 12800 GPD

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

Equipment must interface with the reverse osmosis plant.

d. __XX__ OTHER:

MSC does not have technical information required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. The item and/or services described requires technical expertise to this equipment. The OEM has access to provide parts and technical data/drawings as required by USCG and ABS. MSC does not have manufacturing required to evaluate and determine whether non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts.

B. ______ 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:

1.. Date on which the requirement was identified:

2.. Required delivery date / Period of Performance:

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

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3. Estimated production lead time:

4. 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.)

5. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: